Kerala High Court
Johnson.D vs Kerala State Co-Operative Bank on 3 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
RP NO. 133 OF 2023
AGAINST THE JUDGMENT DATED 11.10.2022 IN WP(C) 5566/2022 OF HIGH
COURT OF KERALA
REVIEW PETITIONERS/PETITIONERS IN WPC:
1 JOHNSON.D,
AGED 44 YEARS,
S/O.THANKACHAN, VAYALIRAKKATHU, PUTHANVEEDU,
MANJAMONKALA, VILLAKUDY VILLAGE, PUNALUR,
VALACODE,VILAKKUVATTOM, KOLLAM - 691305.
2 OMANA SOLAMAN,
AGED 61 YEARS,W/O.SOLAMAN, VAYILIRAKKATHU PUTHEN VEEDU,
SASTHAMKONAM, PUNALUR P.O, VALACODE (PART),
VILAKKUVATTOM,KOLLAM DISTRICT - 691 305.
BY ADVS.
S.SUNIL KUMAR (PALAKKAD)
P.V.SARITHA VENUGOPAL
SHEEN JOSE
LEKSHMI S.SEKHER
B.JITHU
FEMY M.ANTONY
BASIL MATHEW
ROHINI P.K.
N.P.RUKSANA
RESPONDENTS:
1 KERALA STATE CO-OPERATIVE BANK,
POPULARILY KNOWN AS KERALA BANK (ERSTWHILE DISTRICT
COOPERATIVE BANK LTD KOLLAM), REPRESENTED BY ITS
AUTHORIZED OFFICER, REGIONAL OFFICE,
THIRUVANANTHAPURAM, P.B.NO.5122, EAST FORT, FORT P.O,
THIRUVANANTHAPURAM - 695 023.
2 THE BRANCH MANAGER,
KERALA STATE COOPERATIVE BANK, POPULARILY KNOWN AS
KERALA BANK (ERSTWHILE DISTRICT CO-OPERATIVE BANK LTD,
KOLLAM) KUNNIKODE BRANCH, PUNNALLOOR, KOLLAM - 691 508.
BY ADV P.C.SASIDHARAN
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP NO. 133 OF 2023 IN WP(C) 5566/2022
2
ORDER
This review petition has been filed seeking a modification of
the conditions under which the petitioners were permitted to clear
the overdue amount of Rs.19,55,910/- through the judgment dated
11.10.2022 in W.P.(C)No.5566 of 2022.
2. The learned counsel appearing for the petitioners would
submit that the instalments payable by the petitioners in the
months of November 2022, December 2022 and January 2023
were paid by the petitioners. It is submitted that the 1st petitioner
has been admitted to the Sree Chitra Tirunal Institute of Medical
Sciences & Technology, Trivandrum for Open Heart Surgery and
therefore, the instalments payable in the months of February 2023
and March 2023 may be deferred.
3. Heard the learned counsel appearing for the
respondent Bank also.
Having regard to the facts and circumstances and
considering the fact that the petitioners have demonstrated
bonafides by paying the instalments payable in the months of
November 2022, December 2022 and January 2023, it is directed
RP NO. 133 OF 2023 IN WP(C) 5566/2022
that the instalments payable by the petitioners in the months of
February 2023 and March 2023 shall be deferred. The balance
instalments will be paid from the month of April 2023 together
with any accrued interest and costs. In other words, the balance
overdue amount shall be repaid in 17 instalments commencing
from April of 2023 along with the regular EMIs. The deferment
shall apply to regular EMI's also.
The review petition will stand disposed of as above.
Sd/-
GOPINATH P.
JUDGE
DK
RP NO. 133 OF 2023 IN WP(C) 5566/2022
APPENDIX OF RP 133/2023
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE RESPONDENT NO-2 BANK DATED 05.11.2022
Annexure A2 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE RESPONDENT NO-2 BANK DATED 06.12.2022
Annexure A3 TRUE COPY OF THE MEDICAL PRESCRIPTION OF
PETITIONER ISSUED FROM SREE CHITRA
TIRUNAL INSTITUTE FOR MEDICAL SCIENCES
AND TECHNOLOGY, TRIVANDRUM DATED
16.11.2022
Annexure A4 TRUE COPY OF THE APPOINTMENT CARD ISSUED
BY THE SREE CHITRA TIRUNAL INSTITUTE FOR
MEDICAL SCIENCES AND TECHNOLOGY,
TRIVANDRUM
