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2023 Supreme(Online)(KER) 21025
HIGH COURT OF KERALA
GOPINATH P, J
JOHNSON.D – Appellant
Versus
KERALA STATE CO-OPERATIVE BANK – Respondent
RP 133 2023
S.SUNIL KUMAR (PALAKKAD), P.V.SARITHA VENUGOPAL, SHEEN JOSE, LEKSHMI S.SEKHER, B.JITHU FEMY, M.ANTONY BASIL MATHEW, ROHINI P.K., N.P.RUKSANA, P.C.SASIDHARAN
Courts may modify financial obligations when compelling circumstances, such as medical emergencies, are presented.
Headnote:
Modification - Review Petition - - The court allowed the deferment of instalments due to medical circumstances, showing consideration for the petitioners' genuine efforts to comply with payment obligations.
Fact of the Case:
The petitioners sought a modification of payment conditions due to hospitalization for medical treatment, claiming they made prior payments as agreed.
Finding of the Court:
The court acknowledged the petitioners' good faith in paying previous instalments and granted a deferment for upcoming payments for legitimate medical reasons.
Issues: Whether the conditions of payment could be modified based on medical emergencies experienced by the petitioners.
Ratio Decidendi: The court prioritized the petitioners' health circumstances, allowing a temporary deferral of their payment obligations.
Final Decision: The court approved the deferment of payment instalments for two months due to medical reasons.
ORDER
This review petition has been filed seeking a modification of the conditions under which the petitioners were permitted to clear the overdue amount of Rs.19,55,910/- through the judgment dated
11.10.2022 in W.P.(C)No.5566 of 2022.
2. The learned counsel appearing for the petitioners would submit that the instalments payable by the petitioners in the months of November 2022, December 2022 and January 2023 were paid by the petitioners. It is submitted that the 1st petitioner has been admitted to the Sree Chitra Tirunal Institute of Medical Sciences & Technology, Trivandrum for Open Heart Surgery and therefore, the instalments payable in the months of February 2023 and March 2023 may be deferred.
3. Heard the learned counsel appearing for the respondent Bank also.
Having regard to the facts and circumstances and considering the fact that the petitioners have demonstrated bonafides by paying the instalments payable in the months of November 2022, December 2022 and January 2023, it is directed that the instalments payable by the petitioners in the months of February 2023 and March 2023 shall be deferred. The balance instalments will be paid from the month of April 2023 together with any accrued interest and costs. In other words, the balance overdue amount shall be repaid in 17 instalments commencing from April of 2023 along with the regular EMIs. The deferment shall apply to regular EMI's also.
The review petition will stand disposed of as above.
