Kerala High Court
Marikar Engineers Private Ltd vs The General Manager on 28 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942
RP.No.4 OF 2021 IN WP(C). 29005/2020
AGAINST THE JUDGMENT DATED 29.12.2020 IN WP(C) 29005/2020(A) OF HIGH
COURT OF KERALA
REVIEW PETITIONER/WRITI PETITIONER:
MARIKAR ENGINEERS PRIVATE LTD.
REGD. OFFICE, MARIKAR BUILDINGS, M.G.ROAD,
THIRUVANANTHAPURAM 695 001
REP.BY ITS AUTHORISED SIGNATORY
AMUL SAM VARGHESE, HEAD - LEGAL
BY ADV. SRI.S.SUJIN
RESPONDENTS/RESPONDENTS:
1 THE GENERAL MANAGER
CANARA BANK, THIRUVANANTHAPURAM - 695 001.
2 THE CHIEF GENERAL MANAGER,
CANARA BANK, PUTHENCHANTHA, DEVASWOM BUILDINGS,
THIRUVANANTHAPURAM - 695 001.
3 THE ASSISTANT GENERAL MANAGER
CANARA BANK, PUTHENCHANTHA, DEVASWOM BUILDINGS,
THIRUVANANTHAPURAM PIN CODE 695 001
4 CANARA BANK
REP.BY THE CHIEF GENERAL MANAGER, PUTHENCHANTHA,
DEVASWOM BUILDINGS, THIRUVANANTHAPURAM- 695 001.
SRI.M.GOPIKRISHNAN NAMBIAR
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 28.01.2021,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.P. No. 4/2021
in W.P.(C) No. 29005/2020 :2:
Dated this the 28th day of January, 2021.
ORDER
The writ petition was disposed of on 29.12.2020 recording the
statement made by the learned Senior Counsel for the writ petitioner
that an amount of Rs. 5 Crores would be paid within one month and a
representation would be filed before the Bank seeking interest waiver,
which was agreed upon by learned Standing Counsel for the Bank.
2. Now, the review petition is filed basically stating that an
amount of Rs. 5 Crores could not be procured due to business related
problems and further that the review petitioner is unable to pay the
same within the time period of one month prescribed in the judgment.
It is also submitted that an amount of Rs.2 Crores would be paid on or
before 02.02.2021 and the payment of the balance amount of Rs.3
Crores may be permitted to be paid in equated monthly instalments.
3. Learned Standing Counsel for the Bank submitted that
altogether an amount of Rs.9.80 Crores, including interest, is due from
the review petitioner and therefore, on payment of Rs.2 Crores, the
Bank may be given liberty to consult and deliberate the issue with the
review petitioner and then take a decision in respect of the balance
payment under the OTS Scheme prevailing with the Bank.
4. Taking into account the said aspect, I think, the proposition
mooted by the Bank would be an adequate aspect to redress the
R.P. No. 4/2021
grievances of the review petitioner. Even though the submissions
made in the review petition is not a sufficient ground to review the
judgment, in order to have a quietus to the issue, I am proposing to
modify the judgment due to the fact that the Bank did not raise serious
objections to the proposals made by the petitioner. Therefore, the
judgment dated 29.12.2020 in W.P.(C) No. 29005 of 2020 is modified
and the review petitioner is permitted to pay an amount of Rs.2 Crores
on or before 02.02.2021 and to file a representation before the Bank
along with the payment. If any such representation is received by the
Bank and if any OTS scheme is prevailing, the Bank would consider the
same in accordance with law and take a decision at the earliest and at
any rate within a month. The parties would be guided by the decision
taken by the Bank. It is made clear that if the review petitioner is not
making the payment and submitting the representation as directed, in
all respects, the directions contained in the judgment in the writ
petition would prevail and the Bank would be at liberty to proceed in
accordance with law.
This review petition is allowed in part and the judgment is
modified as above.
sd/- SHAJI P. CHALY, JUDGE.
Rv
