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2016 Supreme(Online)(KER) 33328
HIGH COURT OF KERALA
A. K. Jayasankaran Nambiar, J
SHAJAHAN KOYA M T – Appellant
Versus
THE CENTRAL BANK OF INDIA – Respondent
REVIEW PETITION 773/2016
The court can modify payment conditions in light of a party's changed financial circumstances, underscoring the importance of compliance to avoid default penalties.
Headnote:
Review - Writ Petition - N/A - The review modifies previous payment directions in light of the petitioner's difficulties, allowing for a revised payment plan while emphasizing the consequences of default.
Fact of the Case:
The review petitioner was directed to pay Rs.15,09,645/- in installments due to a prior judgment but struggled to continue payments due to medical expenses for his brother.
Finding of the Court:
The court acknowledged the petitioner's financial difficulties and adjusted the payment amount and schedule while maintaining a strict condition for default.
Issues: Whether the payment terms set in the previous judgment should be modified due to the review petitioner's changed financial circumstances.
Ratio Decidendi: The court held that the payment schedule could be modified based on demonstrated financial hardship but warned of consequences for any future default.
Final Decision: The review petition is allowed with modified payment conditions.
O R D E R
This is a petition seeking review of the judgment dated
12.01.2016 in W.P(C).No.265 of 2016. In the review petition, the petitioner in the writ petition submits that, while by the impugned judgment, he was directed to pay an amount of Rs.15,09,645/- together with accrued interest in 10 equal and successive monthly instalments commencing from 05.02.2016, as a condition for restraining the respondent bank from initiating coercive steps against him, and he paid an amount of approximately Rs.6,00,000/- in compliance with the directions in the judgment, he was prevented from making further remittance on account of some medical treatment that had to be extended to his brother for which he had to spend money. Taking note of the said difficulties expressed by the review petitioner, and with a view to enable him to comply with the directions in the judgment, and taking note of the submission of counsel for the respondent bank that as of today, R.P.No.773 of 2016 in W.P.(C).No.265 of 2016 the amount outstanding to the respondent bank is Rs.10,89,583/-, I modify the directions in the judgment dated 12.01.2016 by making it clear that, if the petitioner remits an amount of Rs.10,89,583/- together with accrued interest in 10 equal and successive monthly instalments commencing from 08.12.2016, then further proceedings for recovery shall be kept in abeyance. It is made clear that, if the petitioner commits a default in respect of any of the instalments, he will lose the benefit of this judgment and the respondent bank will be free to continue the recovery proceedings against him from the stage at which they presently stand. It is further made it clear that no petition for modification of the conditions in this order will be entertained. The review petition is allowed as above.
