Kerala High Court
Ajitha I.V vs Kerala State Co-Operative Bank Limited on 20 February, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
Tuesday, the 20th day of February 2024 / 1st Phalguna, 1945
RP NO. 1101 OF 2022(L)
WP(C) 27515/2021 OF HIGH COURT OF KERALA, ERNAKULAM
REVIEW PETITIONER/PETITIONER:
AJITHA I.V AGED 55 YEARS W/O. SASIDHARAN, AZHEEKKAL HOUSE,
CHEMMANCHERRY, KOYILANDY, KAPPAD P.O, KOZHIKODE , PIN - 673303
BY ADVS: M/S T.D.SUSMITH KUMAR,T.O.DEEPA,C.SIVADAS,
RESPONDENTS/RESPONDENTS:
1. KERALA STATE CO-OPERATIVE BANK LIMITED, K.J ARCADE, NEW BUS STAND,
KOYILANDY P.O, KOZHIKODE , PIN - 673305,REPRESENTED BY ITS BRANCH
MANAGER.
2. THE AUTHORIZED OFFICER KERELA STATE CO-OPERATIVE BANK, KALLAI
ROAD,2. CHALAPPURAM P.O, KOZHIKODE , PIN - 673002
BY ADV: SRI.P.C.SASIDHARAN, STANDING COUNSEL
This Review Petition having come up for orders on 20.02.2024 upon
perusing this Court's judgment dated 07/07/2022, the court passed the
following:
GOPINATH P., J.
------------------------------------------------------------
C.M.Appln.No.1 of 2022
&
R.P.No.1101 of 2022
IN
W.P.(C)No.27515 of 2021
------------------------------------------------------------
Dated this the 20th day of February, 2024
ORDER
This review petition is essentially an application
seeking extension of time to comply with the directions
contained in the judgment. There was also a contention
raised by the petitioner that the amounts to be paid by the
petitioner in terms of the directions contained in the
judgment was mistakenly paid to the Savings Bank account
of the petitioner instead of paying the same against the
loan account. The said issue has been resolved by issuing
order dated 30.11.2022 by permitting the bank to adjust
the amounts in the Savings Bank account of the petitioner
against the loan account.
2. The learned counsel appearing for the
respondent bank would submit that, even after adjusting
C.M.Appln.No.1 of 2022 &
R.P.No.1101 of 2022 IN
the amounts in the Savings Bank account of the petitioner,
the present overdue amount as on 31.01.2024 is
Rs.5,25,197/- (Rupees Five lakh Twenty Five Thousand
One Hundred and Ninety Seven only). It is also pointed
out that this review petition was filed in the month of
November 2022 seeking five months' time to pay off the
then overdue amount. It is submitted that, that period has
also expired.
Taking into consideration the submissions of the
learned counsel appearing for the respondent bank, I see
no reason to grant any further time to the petitioner.
However, as a last chance and making it clear that no
further extension of time will be granted under any
circumstances, the petitioner is permitted to pay the
present overdue amount of Rs.5,25,197/- (Rupees Five
lakh Twenty Five Thousand One Hundred and Ninety
Seven only) as on 31.01.2024 together with any accrued
interest and costs in three (3) equal monthly instalments
commencing from 15.3.2024. The subsequent instalments
C.M.Appln.No.1 of 2022 &
R.P.No.1101 of 2022 IN
shall be paid on or before the 15 th day of the succeeding
months. The amounts shall be paid along with any accrued
interest and costs. The petitioner shall also continue to
pay the regular EMI's along with the instalments directed
above. This shall be paid on the due date without fail. It
is made clear that no further extension of time will be
granted under any circumstances. If the petitioner fails to
adhere the above, the Bank may initiate or continue with
the recovery proceedings.
This is an application to condone the delay of
101 days in filing the review petition.
Heard. Allowed.
The delay of 101 days in filing the review petition
is condoned.
Sd/-
rkj GOPINATH P., JUDGE
20-02-2024 /True Copy/ Assistant Registrar
