T.M.Mathew v. Federal Bank Ltd.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 8TH DAY OF JULY 2015/17TH ASHADHA, 1937 RP.No. 566 of 2015 () IN WP(C).7619/2015 ------------------------------------------ AGAINST THE ORDER/JUDGMENT IN WP(C) 7619/2015 of HIGH COURT OF KERALA DATED REVIEW PETITIONER(S):
---------------------------------------- 1.T.M.MATHEW, AGED 78 YEARS ADACKANATT HOUSE, EDAKKUNNAM P.O., KANJIRAPPALLY, KOTTAYAM.
2.TONY MATHEW, S/O.T.M.MATHEW, ADACKANATT HOUSE, EDAKKUNNAM P.O., KANJIRAPPALLY, KOTTAYAM.
3.ANNAMMA MATHEW, W/O.T.M.MATHEW, ADACKANATT HOUSE, EDAKKUNNAM P.O., KANJIRAPPALLY, KOTTAYAM.
BY ADV. SRI.M.J.THOMAS RESPONDENT(S):
----------------------------
1. FEDERAL BANK LTD. ALUVA, REP. BY MANAGING DIRECTOR. 682 101.
2.BRANCH MANAGER, FEDERAL BANK LTD., PULICKAL KAVALA BRANCH, KOTTAYAM. 686 001.
3.DEPUTY TAHSILDAR, REVENUE RECOVRY, TALUK OFFICE, CHANGANASSERY, KOTTAYAM 686 001. 4.VILLAGE OFFICER, EDAKKUNNAM, KANJIRAPPALLY. 686 577.
R BY SRI.A.ANTONY R BY GOVERNMENT PLEADER SMT.LOWSY.A.
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 08-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
A.K.JAYASANKARAN NAMBIAR, J.
------------------------------- R.P.NO.566 OF 2015 IN W.P.(C).NO.7619 OF 2015 (B) ----------------------------------- Dated this the 8th day of July, 2015
O R D E R
In the review petition, the petitioners seek a modification of the conditions stipulated in the judgment dated 19.3.2015, whereby, the petitioners were directed to pay an amount of Rs.8,53,018/- together with accrued interest and other charges in ten equal and successive installments commencing from 30.3.2015. It is submitted by counsel for the review petitioners that the petitioners have already remitted three installments in accordance with the directions in the said judgment. The limited prayer of the review petitioners in the review petition is for a modification of direction No.(i) in the judgment, referred above, so as to enable the petitioners to pay the balance amount outstanding to the respondent bank, together with accrued interest and other charges, in equal installments of Rs.50,000/- each.
2. I have heard the learned counsel for the review petitioners as also the learned Standing counsel for the respondent Bank.
R.P.NO.566 OF 2015 IN W.P.(C).NO.7619 OF 2015 On a consideration of the plea of financial hardship urged on behalf of the review petitioners, I am inclined to modify direction No. (i) in the judgment dated 19.3.2015, to a limited extent, although not to the extent sought for by the review petitioners in the review petition. Accordingly, I allow the review petition and modify direction No.(i) in the judgment dated 19.3.2015, to make it clear that the petitioners shall remit the balance outstanding amount, together with accrued interest and other charges, in ten equal and successive monthly installments commencing from 30.7.2015. Save for this modification, with regard to direction No.(i) in the judgment dated 19.3.2015, the other directions in the judgment shall remain unaltered.
A.K.JAYASANKARAN NAMBIAR JUDGE prp