IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 RP.No. 1136 of 2008(K) ---------------------- REVIEW PETITIONER(S): PETITIONER: ---------------------------------------------- M/S.FRIENDS COCONUT INDUSTRIES, NO.10/447, VELLINEZHI P.O., CHERPULASSERY, KARUMANAMKURUSSI, PALAKKAD DT., PIN 679 504, REPRESENTED BY ITS MANAGING PARTNER, K.MANU. BY ADV. SRI.T.M.SREEDHARAN RESPONDENT(S): RESPONDENT: -------------------------------------- 1. THE BRANCH MANAGER, STATE BANK OF INDIA, OTTAPPALAM 679 101. 2. THE REGIONAL MANAGER, STATE BANK OF INDIA, REGIONAL BUSINESS OFFICE, NEAR HOTEL FORT PALACE, PALAKKAD. 3. UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF FINANCE, NEW DELHI. SRI. K.K. CHANDRAN PILLAI -SC SRI. P. PARAMESWARAN NAIR-ASST. SOL. GENERAL THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 24/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ R.P.NO.1136 OF 2008 & W.P.(C)No.18588 OF 2008 ---------------------------------------- Dated this the 24th day of October, 2008 ORDER This Review Petition is filed seeking review of my judgment dated 30.6.2008 in the writ petition. In that judgment, I directed the petitioner to pay Rs.6 lakhs within one month and the balance amount in six equal monthly instalments starting from 1.9.2008. The petitioner is stated to have paid Rs.6 lakhs and a further amount of Rs.2,85,000/- subsequent to the judgment. The petitioner now submits that as per the original calculation, the petitioner was liable to pay only about one lakh and odd rupees as monthly instalments. However, now the bank demands monthly instalments of Rs.2,15,290/-. The petitioner submits that the petitioner's financial position is so precarious that they may not be able to find funds for payment of that much amount as instalments per month. The petitioner, therefore, seeks a review of the judgment permitting them to pay instalments at the rate of Rs. 1 lakh per month. R.P.No.1136/08 & W.P.(c)No.18588/08 2 2. This is opposed by the learned counsel for the bank. 3. However, in the facts and circumstances of the case, I feel that the instalment amount can be at the rate of Rs.1.5 lakhs per month. Accordingly, I modify the directions in the judgment to the above extent. The petitioner shall pay the balance amount due in equal monthly instalments of Rs.1.5 lakhs per month, till the entire balance amounts are paid off. The default clauses as already ordered will stand. This shall be from the next instalment onwards. The Review Petition is allowed as above and the judgment in the writ petition would stand modified to that extent. S. SIRI JAGAN, JUDGE Acd R.P.No.1136/08 & W.P.(c)No.18588/08 3