Kerala High Court
The Manager vs Vijayamma K on 21 December, 2023
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY,THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA, 1945
RP NO. 1280 OF 2023
AGAINST THE JUDGMENT WP(C) 3865/2023 OF HIGH COURT OF KERALA
REVIEW PETITIONER/1ST RESPONDENT
THE MANAGER
DECENT JUNCTION SERVICE CO-OPERATIVE BANK
LTD.NO.Q.133,
DECENT JUNCTION P.O., KOLLAM, PIN - 691577
BY ADV PRASAD CHANDRAN
RESPONDENT/1ST PETITIONER:
1 VIJAYAMMA K
W/O. MANIKANDAN PILLAI
RESIDING AT MINI BHAVAN, THRIKKOVILVATTOM,
DECENT JUNCTION P.O., KOLLAM,
PIN - 691577
2 THE SPECIAL SALE OFFICER
CO-OPERATIVE SOCIETY CIRCLE OFFICE, COLLECTORATE,
KOLLAM, PIN - 691011
SRI.S.SREEKUMAR (KOLLAM)
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
21.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP No.1280 of 2023 in
W.P.(C) No.3865 of 2023
2
ORDER
Dated this the 21st day of December, 2023
The petitioner in W.P.(C) No.3865 of 2023 approached
this Court seeking to command the respondents to permit the
petitioner to clear the defaulted arrears in 20 equal monthly
instalments and to regularise the loan account thereafter
extending the full period of repayment.
2. This Court disposed of W.P.(C) No.3865 of 2023
with the following directions:
(i) The petitioner shall remit the overdue
amount of ₹3,48,396/- in ten equal monthly
installments commencing from 30.11.2023,
along with accruing interest and other Bank
charges, if any.
(ii) If the petitioner commits default in
making payments as directed above, the
respondents will be at liberty to continue
with coercive proceedings against the
petitioner in accordance with law.
(iv) The petitioner shall also pay current
EMIs along with the aforesaid payments.
RP No.1280 of 2023 in
(v) If the petitioner makes payments as
directed above, coercive proceedings, if
any, against the petitioner shall stand
deferred.
3. The Review Petition has been filed by the 1 st
respondent-Bank Manager contending that the tenure of the
loan expired in the year 2015 and therefore, there is no
question of any overdue payment from the writ petitioner. The
petitioner is legally bound to pay the total outstanding amount
of ₹7,26,228/-. The fact that the tenure of the loan account
was over by 2015 was omitted to be brought to the notice of
this Court while arguing the writ petition.
4. I have heard the learned counsel for the review
petitioner and the learned counsel appearing for the writ
petitioner.
5. It is not disputed that the tenure of the loan account
was over in 2015. In such circumstances, there is an error in
RP No.1280 of 2023 in
the judgment which requires correction.
6. Therefore, the words "and the overdue amount as
on 27.10.2023 is ₹3,48,396/-" are deleted from paragraph 7 of
the judgment in W.P.(C) No.3865 of 2023. Paragraph 11(i) of
the judgment would stand substituted as follows:
"The petitioner shall remit the
outstanding amount of ₹7,26,228/- in 12
equal monthly instalments commencing from
30.01.2024 along with accruing interest and
other bank charges."
Paragraph 11(iv) shall stand deleted.
The Review Petition is disposed of as above.
Sd/-
N.NAGARESH
JUDGE
hmh
