Kerala High Court
Vijayaraj.R vs South Indian Bank on 25 April, 2024
Author: C.S.Dias
Bench: C.S.Dias
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
Thursday, the 25th day of April 2024 / 5th Vaisakha, 1946
RP NO. 147 OF 2024
WP(C).No.8402/2023 (A)
REVIEW PETITIONER/PETITIONER IN WP(C):
VIJAYARAJ.R, AGED 49 YEARS, S/O.RAMANEZHUTHACHAN, KADAMOMKOTTIL
HOUSE, PROPRIETOR, M/S.RAMACHANDRA HANDLOOMS, KAYARAMPARA,
KUTHAMPULLY, THRISSUR, PIN - 680 594
RESPONDENTS/RESPONDENTS:
1. SOUTH INDIAN BANK REGIONAL OFFICE, PALAKKAD, DOOR NO.733/2, FIRST
FLOOR, D&D ARCADE BUILDING, CHITTUR ROAD, MANAPPULLIKAVU,
KUNNATHURMEDU.P.O, PALAKKAD. REP BY ITS AUTHORISED OFFICER/CHIEF
MANAGER, PIN - 678013
2. THE SOUTH INDIAN BANK THIRUVILWAMALA BRANCH, THIRIWILWAMALA P.O,
THRISSUR. REP.BY ITS MANAGER, PIN - 680588
Review Petition praying that in the circumstances stated therein the
High Court be pleased to allow review of the Judgment dated 24-08-2023 in
WP(C) No.8402/2023 and direct the respondents to reconvey the possession
of the petitioner's residential building permitting him to pay the balance
amount due to the respondent bank as ordered by this Hon'ble Court in the
above Judgment.
This Review Petition again coming on for orders upon perusing the
petition and this Court's Judgment dated 24-08-2023 in WP(C) No.8402/2023
and this Court's order dated 13/02/2024 in RP and upon hearing the
arguments of SRI.V.A.JOHNSON (VARIKKAPPALLIL), Advocate for the petitioner
in RP/WP(C) and of M/s K.MADHUSOODANAN, MATHEW JACOB (KUNNATHU) and SYRIAC
JOSEPH, Advocates for the respondents in RP/WP(C), the court passed the
following:
C.S.DIAS, J.
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R.. P. No. 147 of 2024
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Dated this the 25th day of April, 2024
ORDER
The learned Standing Counsel appearing for the respondents submits that as on 30.03.2024 the balance amount due to the respondent is Rs.13,02,338.50/-. The time period to deposit the amount would expire on 24.09.2024. This Court, by order dated 13.02.2024, permitted the petitioner to reside in the house as a concession, subject to the condition that the petitioner does not commit any default in payment of the remaining amount.
2. The learned counsel appearing for the petitioner submits that the petitioner is willing to deposit the entire arrears within two days from today. If the petitioner does not remit the amount, the petitioner would vacate from the premises as 2 R. P. No. 147 of 2024 undertaken by him in the affidavit filed before this Court.
3. In the light of the above submission, it would be upto the petitioner to remit the entire arrears as on today to the respondent bank, on or before 30.04.2024, failing which the petitioner would have to vacate from the secured asset.
Post on 22.05.2024.
Sd/-
C.S. DIAS JUDGE BR 25-04-2024 /True Copy/ Assistant Registrar