Allowed

Shakuntala S v. Axis Bank

Kerala HC23 Aug 2022RP/336/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a review petition filed by a debtor who could not adhere to the repayment directions in an earlier judgment. The Court permitted the petitioner to pay Rs. 2,50,000 outright and the balance in five instalments.

What did the court decide?

Petitioner permitted to pay Rs. 2,50,000 by 24.09.2022 and balance overdue in five equal instalments commencing 24.10.2022; regular EMIs to continue.

Shakuntala S Vs Axis Bank — Banking and Recovery | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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TUESDAY, THE 23^RD DAY OF AUGUST 2022 / 1ST BHADRA, 1944 RP NO. 336 OF 2022

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REVIEW PETITIONER:

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SHAKUNTALA S., AGED 42 YEARS, W/O.MOHANDAS, MOHANAM, NEAR PALAVILA UPS, CHIRAYAINKEEZHU.P.O., THIRUVANANTHAPURAM DISTRICT. , PIN - 695304

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BY SRI.DINESH MATHEW MURIKAN SMT.NAYANA VARGHESE.

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RESPONDENTS:

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1 AXIS BANK KILLI TOWERS, NEAR PRS HOSPITAL, KILLIPALAM, KARAMANA, THIRUVANANTHAPURAM, PIN - 695002 REPRESENTED BY ITS BRANCH MANAGER 2 THE AUTHORISED OFFICER, AXIS BANK LTD, KILLI TOWERS, NEAR PRS HOSPITAL, KILLIPALAM, KARAMANA, THIRUVANANTHAPURAM , PIN - 695002

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SRI.P.PAULOCHAN ANTONY SRI.S.SUNIL KUMAR (KADAKKAVUR) SMT.NEETHU S.

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 23.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

RP NO. 336 OF 2022

ORDER

This petition, seeking review of the judgment of this Court dated 12.08.2021, has been filed by the petitioner not because there is any error in it, but because she has not been able to honour the directions to pay the loan facility, in the manner ordered therein.

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Sri.Paulachan Antony, learned counsel for the respondent, submitted that the total overdues in the loan account of the petitioner is Rs.7,03,805/- as on today; and that the best the bank can offer her is that she pays Rs.2,50,000/- within a month and the balance in five instalments.

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Smt.Neethu S. - learned counsel for the petitioner, submitted that her client has no option but to accept the bank's offer; but that she seeks further indulgence because her husband is suffering from a debilitating disease and her family is facing extreme financial crisis.

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Even when I have empathy for the petitioner, the law is well settled that this Court cannot go beyond what is offered by the Bank. Since Sri.Paulachan Antony is firm in his submissions that nothing more than what has been afore suggested by him can be granted, I am compelled to allow

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RP NO. 336 OF 2022

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this review petition only on such terms.

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Resultantly, I allow this review petition, modifying the judgment of this Court to the limited extent of permitting the petitioner to pay an amount of Rs.2,50,000/- on or before 24.09.2022 and the balance of the overdue amount, along with all applicable charges and interest, in five equal instalments commencing from 24.10.2022.

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Needless to say, the regular EMIs shall also be paid by the petitioner along with the afore instalments or simultaneous to it, without fail.

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All other declarations and conditions in the judgment sought to be reviewed shall remain intact.

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Sd/- DEVAN RAMACHANDRAN

JUDGE

stu

RP NO. 336 OF 2022

APPENDIX OF RP 336/2022

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PETITIONER ANNEXURES

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Annexure A1 CERTIFIED COPY OF THE JUDGMENT IN WP(C) NO.16440 OF 2021 PASSED BY THIS HONOURABLE COURT DATED 12.08.2021

Shakuntala S v. Axis Bank

Case brief

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Shakuntala S v. Axis Bank

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