IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 31ST OCTOBER 2007 / 9TH KARTHIKA 1929 RP.No. 1029 of 2007(W) IN WPC. 16369/2007. ---------------------- REVIEW PETITIONER/PETITIONER: ------------------------------------------------ SULEKHA, W/O. N.H. KUNJUMUHAMMED, NARNIPARAMBIL HOUSE, PANAYIKULAM P.O., ERNAKULAM. BY ADV. SRI.C.S.MANU RESPONDENTS: RESPONDENTS: ---------------------------------------------- 1. KONGORPPILLY FARMERS SERVICE CO-OPERATIVE BANK LTD., REPRESENTED BY ITS MANAGING DIRECTOR. 2. MANAGING DIRECTOR, KONGORPPILLY FARMERS SERVICE CO-OPERATIVE BANK LTD 3. TAHSILDAR, PARAVUR TALUK. 4. VILLAGE OFFICER, ALANGAD VILLAGE. 5. SPECIAL SALE OFFICER (SENIOR INSPECTOR), PARAVUR CO-OPERATIVE BANK GROUP, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), NORTH PARAVUR. R1 & R2 BY SC ADV. SRI. C.E. UNNIKRISHNAN. R3 TO R5 BY GOVT. PLEADER SRI. P.K. RAVIKRISHNAN. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 31/10/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - R.P. 1029/2007 & WP.(C).16369/2007 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of October, 2007 ORDER The complaint in the review petition is that the petitioner is entitled to the benefit of Circular No.9/2006. According to the learned counsel for the petitioner the petitioner had submitted Annexure A-2 to the first respondent for one time settlement under Circular No.9/2006 and it is alleged that it has not so far been considered by the first respondent and it could not be brought to the notice of this court. 2. I heard learned counsel for respondents 1 and 2 Sri. C.E.Unnikrishnan. He submits that even pursuant to the judgment the petitioner has not paid the instalments. But he points out that the Bank is amenable to provide the benefit of Circular No.30/2007 and as on today the amount due is Rs.1,07,800/-. He would submit that the Bank is agreeable to give some time to the petitioner to pay off the amount due as per Circular No.30/2007, of course with due interest, provided the petitioner pays the defaulted instalments within a short time. R.P.1029/07 & WPC.16369/07 2 Having regard to the circumstances, the Review Petition is allowed and the writ petition is disposed of as follows: Petitioner has to pay a sum of Rs.30,000/- within two weeks from today. If she pays the sum of Rs.30,000/- within two weeks from today, she will be permitted to pay off the amount remaining to be paid under Circular 30/2007 in five equal monthly instalments. If the petitioner pays the amount of Rs.30,000/- within two weeks from today, the first respondent Bank will serve a statement on the petitioner within three weeks from today showing the exact amount of instalments to be paid by the petitioner on the basis that the petitioner has to pay the balance amount remaining to be paid with due interest under the Circular in five equal monthly instalments. The first instalment as per the statement to be served on the petitioner in terms of this judgment is to be paid on or before 10.12.2007 and subsequent instalments on or before the tenth working day of the succeeding months. If the petitioner does not pay either Rs.30,000/- within two weeks from today or any of the instalments as fixed by the first R.P.1029/07 & WPC.16369/07 3 respondent, the petitioner will lose the benefit of this judgment and it will be open to the first respondent to proceed against the petitioner in accordance with law. (K.M. JOSEPH, JUDGE) sb