Kerala High Court
Parthas Textiles vs Hdb Financial Services Ltd on 8 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942
RP.No.994 OF 2020 IN WP(C)No.25105/2020
AGAINST THE JUDGMENT IN WP(C)No.25105/2020(K) DATED
27/11/2020 OF HIGH COURT OF KERALA
REVIEW PETITIONER/PETITIONER IN WP(C)No.25105/2020:
PARTHAS TEXTILES,
P.B.NO.1774, M.G.ROAD,
JOSE JUNCTION, ERNAKULAM - 682016,
REPRESENTED BY ITS MANAGING PARTNER,
PRAVEEN RAJ RAJENDRAN.
BY ADV. SRI.C.AJITH KUMAR
RESPONDENTS/RESPONDENTS IN WP(C)No.25105/2020:
1 HDB FINANCIAL SERVICES LTD.,
2ND FLOOR, KALLUMKAL BUILDING,
COLONY STOP, VAZHAKKALA, THRIKKAKARA (P.O.),
KAKKANAD, KOCHI - 682 021,
REPRESENTED BY ITS MANAGER.
2 NATIONAL CREDIT GUARANTEE TRUSTEE COMPANY LTD.,
SWAVALAMBAN BHAVAN, C-11, G-BLOCK,
BANDRA-KURIA COMPLEX, BANDRA EAST,
MUMBAI - 400 051,
REPRESENTED BY ITS COMPANY SECRETARY.
3 THE RESERVE BANK OF INDIA,
21ST FLOOR, CENTRAL OFFICE BUILDING,
SHAHID BHAGAT SINGH ROAD, MUMBAI - 400 001,
REPRESENTED BY ITS CHIEF GENERAL MANAGER.
R2 BY ADV. SRI.P.VIJAYAKUMAR, ASGI
R1 BY SRI P.PAULOCHAN ANTONY
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON
08.02.2021, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
RP No.994/2020 in W.P.(C) No.25105/2020
:2 :
ORDER
~~~~~~
Dated this the 8th day of February, 2021
By judgment dated 27.11.2020, W.P.(C)
No.25105/2020 was disposed of holding that the 1 st
respondent shall consider the application of the petitioner for
extension of ECLGS under Ext.P1 and take a decision on the
application in the light of the observations made in the
judgment. No time limit was fixed for compliance of the said
direction. Now, this review petition is filed seeking to fix a time
limit for compliance of the direction.
2. During the pendency of the review petition, the 1 st
respondent, however, passed Annexure-D order dated
27.01.2021. Therefore, the necessity to fix a time limit does
not exist any more. The learned counsel for the review
petitioner would, however, submit that by Annexure-D dated
27.01.2021, though the 1st respondent has waived the
requirement of collateral security, equated monthly
RP No.994/2020 in W.P.(C) No.25105/2020
instalments have been deducted from the ECLGS advance
without the concurrence of the review petitioner, which is
impermissible. This Court finds that it is a new cause of action
which cannot be agitated in this review petition.
In the light of the issuance of Annexure-D by the 1 st
respondent, the cause of action in the review petition does not
survive and the review petition is accordingly dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/08.02.2021
RP No.994/2020 in W.P.(C) No.25105/2020
APPENDIX
REVIEW PETITIONER'S EXHIBITS:
ANNEXURE A TRUE COPY OF THE EMAIL DATED
11/12/2020 ISSUED BY 1ST RESPONDENT TO
THE PETITIONER.
ANNEXURE B TRUE COPY OF THE REPLY DATED
12/12/2020 SEND BY PETITIONER TO THE
1ST RESPONDENT.
ANNEXURE C LETTER DATED 19/01/2021 ISSUED BY 1ST
RESPONDENT TO REVIEW PETITIONER.
SR
