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2019 Supreme(Online)(KER) 27512
HIGH COURT OF KERALA
ANU SIVARAMAN, J
DR.GEETHA RAM MOHAN – Appellant
Versus
H.D.F.C. LTD – Respondent
RP/256/2019
ADV. SRI.SUSHANTH.J, ADVS.SRI.K.K.CHANDRAN PILLAI (SR.), SMT.S.AMBILY
A review petition requires substantial grounds to alter a previous ruling, which the petitioner failed to demonstrate.
Headnote:
Review - Loan Default - Relevant Judgments - The court dismissed the review petition challenging an earlier order permitting repayment of loan arrears in 8 instalments, emphasizing lack of grounds for review and non-payment by the petitioner.
Fact of the Case:
The petitioner sought a review of a judgment that allowed repayment of loan arrears in 8 instalments. The petitioner failed to pay any amounts as per the earlier decision.
Issues: Whether the review petition should be granted to modify the previous repayment terms based on claimed circumstances.
Ratio Decidendi: The court upheld its earlier judgment, determining that no sufficient grounds were established to warrant a review of the decision.
Final Decision: The review petition is dismissed.
JUDGMENT
The review petition is filed seeking a review of judgment dated 8.5.2018. The review is sought for to modify the terms by allowing at least 12 instalments to pay off the arrears.
2 Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents.
3. The judgment had been rendered as early as on
8.5.2018 noticing that an amount of Rs.3,50,907/- is in default in the loan in question and permitting the petitioner to pay off the amounts in arrears in 8 equal monthly instalments along with the regular monthly instalments payable in respect of the loan.
4. It is submitted by the learned Standing Counsel appearing for the respondents that no amounts have been paid pursuant to the judgment. The petitioner had thereafter moved this Court again, preferring another writ petition which has been dismissed with liberty to approach this Court filing a review petition.
On a consideration of the pleadings in the review petition, I am of the opinion that no grounds have been made out to justify a review of the judgment.
The review petition fails and the same is accordingly dismissed.
Sd/-
JUDGE APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE-A1 COPY OF MEDICAL CERTIFICATE ISSUED BY DAYA GENERAL HOSPITAL DATED 03/01/2012.
ANNEXURE-A2 CERTIFIED COPY OF THE JUDGMENT IN WRIT PETITION NO.15572/2018 DATED 08/05/2018.
ANNEXURE-A3 COPY OF THE C.T. SCAN REPORT DATED
06/02/2018 ISSUED BY CONSULTANT RADIOLOGIST, DAYA CEEVEES CT/MRI SCANS, THRISSUR.
ANNEXURE-A4 COPY OF THE ULTRASONOGRAPHY REPORT DATED
23/02/2018 ISSUED BY CONSULTANT RADIOLOGIST, DAYA GENERAL HOSPITAL AND SPECIALITY SURGICAL CENTRE, THRISSUR.
ANNEXURE-A5 COPY OF THE HISTOPATHOLOGY REPORT DATED
28/02/2018 ISSUED BY PATHOLOGIST, JUBILEE MISSION MEDICAL COLLEGE AND RESEARCH INSTITUTE, THRISSUR.
ANNEXURE-A6 COPY OF THE WHOLE BODY PET CT IMAGING REPORT ISSUED BY AMRITA INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE DATED
18/04/2018.
ANNEXURE-A7 CERTIFIED COPY OF THE JUDGMENT DATED
01/03/2019 IN WRIT PETITION NO.6034/2019.
ANNEXURE-A8 COPY OF THE DEMAND DRAFT NO.683739 DATED
02/03/2019 FOR AN AMOUNT OF RS.45,000/- DRAWN ON THE SOUTH INDIAN BANK LIMITED.
ANNEXURE-A9 COPIES OF THE INCOME TAX RETURNS OF THE PETITIONER FOR THE YEAR 2017-18.
ANNEXURE-A10 COPIES OF THE INCOME TAX RETURNS OF THE PETITIONER FOR THE YEAR 2015-16 PERTAINING TO GAUTAM RAM MOHAN, SON OF THE PETITIONER.
ANNEXURE-A11 COPIES OF THE CERTIFICATE UNDER SECTION
80DDB DATED 20/03/2015 OF THE PETITIONER'S HUSBAND.
