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2025 Supreme(Online)(Ker) 42450
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Murali Purushothaman, J
SOUDHA T.A – Appellant
Versus
KUNNUKARA SERVICE CO-OPERATIVE BANK LTD NO 827 – Respondent
RP NO. 632 OF 2025 | WP(C) NO.8251 OF 2025
For the Appellants/Petitioners: SRI.DIPU.R, SRI.K.S.BAIJU, SMT.DHANYA BABU, SMT.NEETHU SASI, SMT.RAISSA BABU, SMT.ANSU SARA MATHEW
For the Respondents:
Judicial review allows a court to correct errors in financial obligations arising from arbitration proceedings.
Headnote:Statute Analysis: The court reviews prior judgment under legal provisions to ascertain accuracy in financial obligations. Facts of the Case: The petitioner argues the loan dues reported were incorrect; originally stated as Rs.18,13,180 but claimed to be Rs.9,21,662 from Society records.
Findings of Court:
Previous findings were revised granting extended payment terms.
Issues: The court addresses whether the reported dues were accurately represented.
Ratio Decidendi: Ruling affirmed that errors must be corrected; repayment terms extended to 20 months without coercive measures.
Result: The modification of payment terms was enacted and existing coercive actions were deferred.
| Table of Content |
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| 1. court correction of financial reporting errors. (Para 1 , 2) |
| 2. modification of repayment terms after review. (Para 3) |
ORDER
This review petition is filed by the petitioner in W.P.(C) No.8251 of 2025 to review the judgment dated 04.04.2025 passed therein. The loan availed by the petitioner from the 1st respondent Society fell in arrears. The Society initiated arbitration proceedings. Pursuant to the Arbitration Award, recovery proceedings were initiated. Challenging the recovery proceedings, the writ petition was filed.
2. In this writ petition, the learned Standing Counsel for the Society submitted that as on the date of judgment, an amount of Rs.18,13,180/- was outstanding in the loan account of the petitioner and the petitioner can be permitted to pay the said amount in reasonable instalments. This Court disposed of the writ petition as follows:
“ In the facts and circumstances of the case, there will be a direction to the petitioner to pay the outstanding amount of Rs.18,13,180/- in 15 equal monthly instalments commencing from 05.05.2025, along with accrued interest and applicable charges.
If the petitioner defaults payment of any of the instalments, it will be open to the Society to proceed against her for recovery of the amount, in accordance with law. To enable the petitioner to repay the amount in instalments as above, all coercive proceedings against her shall stand deferred.”
3. The review petitioner states that on a perusal of Annexure A1 statement of accounts received from the Society subsequent to the disposal of the writ petition, it appears that there is an error occurred in the judgment as to the actual amount due from the petitioner towards the loan account. The petitioner states that as per Annexure A1, the balance amount payable is Rs.9,21,662/- only and not Rs.18,13,180/-, as submitted by the learned Standing Counsel. 4. On 14.07.2025, this Court directed the learned Standing Counsel for the Society to place on record a statement. Accordingly, a statement has been filed on behalf of the Society wherein it is stated that the amount due as on the date of judgment is Rs.18,13,180/- and there is no error apparent on the face of the judgment. However, the learned counsel for the Society fairly submitted that the petitioner can be permitted to pay the outstanding amount in 20 equal monthly instalments.
In the light of the above submission, the judgment dated 04.04.2025 is modified and the review petition is disposed of as follows:
“There will be a direction to the petitioner to pay the outstanding amount of Rs.18,13,180/- in 20 equal monthly instalments commencing from 01.09.2025, along with accrued interest and applicable charges.
If the petitioner defaults payment of any of the instalments, it will be open to the Society to proceed against her for recovery of the amount, in accordance with law.
To enable the petitioner to repay the amount in instalments as above, all coercive proceedings against her shall stand deferred.”
