The court recognized the need to adjust financial obligations based on a party's capacity to pay, underscoring judicial flexibility in financial defaults.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 10^TH DAY OF FEBRUARY 2023 / 21ST MAGHA, 1944 RP NO. 162 OF 2023 AGAINST THE ORDER/JUDGMENT IN WP(C)NO.27635/2021 OF HIGH COURT OF KERALA REVIEW PETITIONER:

THE MANAGER, AGED 51 YEARS, M/S. SDKY GURUKULA VIDYALAYA, EROOR SOUTH, THRIPUNITHURA, ERANAKULAM, PIN – 682 306.

BY ADVS.

ARUN KUMAR.P THIYYANNOOR RAMAKRISHNAN AMBIKA RADHAKRISHNAN RESPONDENTS:

1 EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, BHAVISHYA NIDHI BHAWAN,KALOOR, KOCHI, ERNAKULAM DISTRICT, PIN - 682 017.

REPRESENTED BY ITS REGIONAL PROVIDENT FUND COMMISSIONER.

2 REGIONAL PROVIDENT FUND COMMISSIONER – II, EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, BHAVISHYA NIDHI BHAWAN, KALOOR, KOCHI, ERNAKULAM DISTRICT, PIN – 682 017.

3 ASSISTANT PROVIDENT FUND COMMISSIONER & RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, BHAVISHYA NIDHI BHAWAN, KALOOR, KOCHI, ERNAKULAM DISTRICT,, PIN – 682 017.

4 THE BRANCH MANAGER, FEDERAL BANK LIMITED, EROOR BRANCH, ERNAKULAM, PIN – 682 306.

ADV S.PRASANTH, ADV SAJEEV KUMAR K. GOPAL, SC-EPFO THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 10.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BECHU KURIAN THOMAS, J.

--------------------------------

R.P.No.162 of 2023 IN W.P.(C).No.27635 of 2021 ---------------------------------

Dated this the 10^th day of February, 2023

ORDER

This review petition is preferred seeking to review the judgment dated 06.12.2021 in W.P.(C).No.27635 of 2021.

2. Petitioner is the Manager of a school, that defaulted in the payments due to the Employees Provident Fund, to the extent of Rs.29,89,325/-. After considering the contentions raised and by taking a lenient view, this Court granted 12 equated monthly instalments to the petitioner to repay the amount due to the EPF Organization after deducting Rs.5,00,000/- already paid.

3. In the meantime, the school started reviving and petitioner continued to pay the amounts as directed. Petitioner has already paid Rs.13,41,902/- towards its liabilities. However, petitioner finds it difÏcult to continue to repay the same amount as directed and therefore, has sought for review of the judgment stating that its financial capacity is not sufÏcient to meet the quantum of instalments directed by this Court.

4. The learned counsel for the respondent submitted that considering the fact that the petitioner has been paying the instalments and that the petitioner is running an educational establishment the respondent organization is not averse for granting a breather to the petitioner to repay the amounts.

5. Taking into consideration the circumstances pointed out including the submission that the petitioner has already repaid Rs.13,41,902/- out of the total amounts due, I am satisfied that the judgment granting 12 instalments to repay the total liability was on account of an error apparent on the face of record and the number of instalments ought have been more than what was fixed in the judgment.

6. Since there is an error apparent on the face of the record, I allow this review petition and recall the judgment dated 06.12.2021.

Review petition is allowed as above.

Sd/-

BECHU KURIAN THOMAS, JUDGE ak APPENDIX OF RP 162/2023 PETITIONER’S ANNEXURES:-

Annexure 1 TRUE COPY OF THE PROHIBITORY ORDER ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT DATED 17.01.2023 BEARING NO.

KR/KCH/1074382/RECOVERY/2022-22