Partly allowed

Mooliyil Viswanathan v. the Kannur Co-Operative Urban Bank Ltd.

Kerala HC6 Jan 2020RP/1261/2019

Case brief

AI extract

What is this about?

High Court of Kerala reviewed a judgment ordering instalment payment from a petitioner. It modified directions allowing a partial payment within one month and balance in ten monthly instalments starting the next month, subject to future compliance.

What did the court decide?

Petitioner allowed to pay Rs.5 Lakhs by 31.01.2020; balance with interest in ten equal monthly instalments from 28.02.2020.

Mooliyil Viswanathan Vs the Kannur Co-Operative Urban… — Banking and Recovery | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶4

MONDAY, THE 06TH DAY OF JANUARY 2020 / 16TH POUSHA, 1941

¶5

RP.No.1261 OF 2019 IN WP(C). 6825/2019

¶6

AGAINST THE JUDGMENT IN WP(C) 6825/2019(C) DATED 13.03.2019

¶7

REVIEW PETITIONER/S:

¶8

MOOLIYIL VISWANATHAN, AGED 57 YEARS S/O.ACHUTHAN,BUSINESS, PRESENTLY RESIDING AT FLAT NO.610,E TOWER, KUNJ PLAZA, J.M.ROAD, BARODA, GUJARAT-390 001

¶9

BY ADVS. SRI.T.MANOJ KUMAR SMT.S.ANJUSHA

¶10

RESPONDENT/S:

¶11

1 THE KANNUR CO-OPERATIVE URBAN BANK LTD. HEAD OFFICE KANNUR,REP BY ITS AUTHORIZED OFFICER, PRADEP T., S/O. SUKUMARAN, AGED 54 YEARS, ASST. SECRETARY, THE KANNUR CO-OPERATIVE URBAN BANK LTD, HEAD OFFICE KANUR

¶12

2 THE SECRETARY, THE KANNUR CO-OPERATIVE URBAN BANK LTD, HEAD OFFICE KANNUR

¶13

BY ADV. SRI.ANOOP V.NAIR-SC

¶14

THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 06.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

RP 1261/19

O R D E R

The petitioner has approached this Court

¶19

seeking review of the judgment, dated 13.03.2019, not because there is an error in it, but because he has been unable to make

¶20

payment of the instalments as ordered by this Court.

¶21

The petitioner concedes that he has

¶22

been unable to pay the amounts to the respondent-Bank in the manner as ordered by this Court and thus prays that he be given some more time to liquidate the liability, adding that he has been constrained to approach this Court only because of certain circumstances which are beyond his control. He, therefore, prays that the judgment be reviewed and that he be given another 20 months time to pay off the entire outstanding.

¶23

In response, Sri.Anoop V. Nair, learned

¶24

Standing Counsel for the respondent-Bank,

¶25

RP 1261/19

¶26

¶27

submits that the petitioner has not paid even one instalment as ordered in the judgment and

¶28

therefore, that his client can agree to the

¶29

grant of not more than ten further instalments

¶30

to the petitioner to pay off the entire liability, provided he pays Rs.5 Lakhs by the end of this month. He says that if the petitioner is agreeable to this offer, this

¶31

Court may allow this petition to that limited extent.

¶32

On hearing the learned Standing Counsel

¶33

for the Bank as afore, Sri.T.Manoj Kumar, learned counsel for the petitioner, submitted

¶34

that his client will pay Rs.5 Lakhs by 31.01.2020 and that he may be allowed to pay

¶35

off the balance in ten monthly instalments thereafter.

¶36

Taking note of the afore submissions, I

¶37

order this Review Petition to the limited extent of modifying the directions in paragraph

¶38

RP 1261/19

¶39

¶40

3 of the judgment dated 13.03.2019 and allowing

¶41

the petitioner to pay Rs.5 Lakhs on or before

¶42

31.01.2020 and the balance, along with all applicable charges and interest, in ten equal monthly instalments commencing from 28.02.2020.

¶43

In all other respects, the judgment will remain unaltered and the Bank will be at liberty to take necessary action against the petitioner in terms of the directions therein if any further default is committed by him.

¶44

Sd/-

¶45

DEVAN RAMACHANDRAN

JUDGE

RP 1261/19

APPENDIX

PETITIONER'S/S EXHIBITS:

¶52

ANNEXURE-A1	TRUE COPY OF THE PERTAINING THE LO PETITIONER	LEDGER EXTRACT AN TRANSACTION OF
ANNEXURE-A2	TRUE COPY OF THE MESSAGE FROM THE	EXTRACT OF TEXT RESPONDENT BANK
ANNEXURE-A3	TRUE COPY OF THE	RELEVANT PAGE OF
	MATRHUBHUMI NEWS	PAPER IN WHICH THE
	AUCTION NOTICE IS	PUBLISHED
ANNEXURE--A4	CERTIFIED COPY OF 13.03.2019	THE ORDER DATED

Mooliyil Viswanathan v. the Kannur Co-Operative Urban Bank Ltd.

Case brief

What is this about?

What did the court decide?

Mooliyil Viswanathan v. the Kannur Co-Operative Urban Bank Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Kuruvila Kuruvila Vs the Secretary Kottayam Municipality

Ushakumari Vs Revenue Divisional Officer

Ratheesh a Vs State of Kerala

Lakshmi Vs Yatheendradas

K.D.Poulose Vs Nayarambalam Grama Panchayath

Edit Kumar Vs Kannadi Grama Panchayat