Kerala High Court
Jomon Rajan vs South Indian Bank on 17 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942
RP.No.105 OF 2021 IN WP(C). 4163/2019
AGAINST THE JUDGMENT IN WP(C) 4163/2019(U) OF HIGH COURT OF KERALA
REVIEW PETITIONER:
JOMON RAJAN, S/O.RAJAN, MANGALY HOUSE,
THURAVUR.P.O, ANGAMALY,ERNAKULAM,PIN-683572.
SMT.FERHA AZEEZ
RESPONDENTS:
1 SOUTH INDIAN BANK
ANGAMALY BRANCH, DOOR NO.XXI/7A,
BANK JUNCTION, ALUVA ROAD, ANGAMALY,
ERNAKULAM,PIN-683572,REPRESENTED BY ITS MANAGER.
2 AUTHORISED OFFICER,
SOUTH INDIAN BANK LTD, REGIONAL OFFICE,
KAKKANAD, ERNAKULAM,PIN-682039.
SC - SRI. K.K.JOHN
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
17.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.No.105 OF 2021
2
ORDER
Dated this the 17th day of February 2021
Even though a doubt has been raised at the Bar as to
whether this review petition is maintainable, since an earlier
one had already been allowed by this Court, I do not propose
to answer it on its merits because the singular request made
by the petitioner today is that he be given time till 31.03.2021
to pay off the entire loan liability.
2. Sri.K.K.John, the learned standing counsel for the
respondent - Bank, submitted that since the petitioner has
exhibited complete disobedience to the earlier directions of
this Court, the Bank now proposes to take physical possession
of the secured assets. He, however, submitted that if the
petitioner is willing to pay off the entire liability by
31.03.2021, the Bank will defer such action; but that the
petitioner must pay at least 50% of the said amount to show
his bona fides within a period of one month.
3. Even though I have heard Sri.K.K.John on the afore
lines, the fact remains that the petitioner has now approached
this Court offering to pay the entire liability on or before
31.03.2021. Obviously, therefore, it would not be necessary
RP.No.105 OF 2021
to test his bona fides by asking him to remit 50% of the loan
amount in one month as prayed for by Sri.K.K.John because
the said period would expire only on 17.03.2021, which is a
mere two weeks before the date on which the petitioner offers
to settle the account in full. I also take cognizance of the
submissions of the petitioner that he has been constrained to
approach this Court now solely on account of the Covid - 19
pandemic disruptions.
In the afore circumstances, I allow this review petition
to the limited extent of granting liberty to the petitioner to
pay the entire liability under the loan account on or before
31.03.2021, failing which, the Bank will be at liberty to take
physical possession of the secured assets even the next day
thereafter and it is recorded that the petitioner has
undertaken that he will not cause any physical obstruction to
the same at that time.
Sd/- DEVAN RAMACHANDRAN
stu JUDGE
