Pradeep Kumar G vs The Authorised Officer
2021 Latest Caselaw 22478 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
             THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                              RP NO. 626 OF 2021
           AGAINST THE JUDGMENT IN WP(C) 4561/2019 DATED 19.02.2019
REVIEW PETITIONERS:

     1        PRADEEP KUMAR G, AGED 57 YEARS
              S/O.LATE K.V.GOPALAN ACHARY,
              VIJAYAPURATHU VEEDU, KAVUMBHAGAM.P.O,
              THIRUVALLA-689102.
     2        ASHWIN PRADEEP, AGED 30 YEARS
              S/O.PRADEEP KUMAR.G, VIJAYAPURATH VEEDU,
              KAVUMBHAGAM PO, THIRUVALLA-689102.
     3        ASHIK PRADEEP, AGED 26 YEARS
              S/O.PRADEEP KUMAR.G, VIJAYAPURATHU VEEDU,
              KAVUMBHAGAM.P.O, THIRUVALLA-689102.
     4        ARJUN PRADEEP, AGED 23 YEARS
              S/O.PRADEEP KUMAR.G, VIJAYAPURATHU VEEDU,
              KAVUMBHAGAM.P.O, THIRUVALLA-689102.

              BY ADVS.
              SADCHITH.P.KURUP
              LIJU.V.STEPHEN
              C.P.ANIL RAJ


RESPONDENTS:

     1        THE AUTHORISED OFFICER, STATE BANK OF INDIA, STRESSED
              ASSETS MANAGEMENT BRANCH, NO.32/1747, K1, 7TH FLOOR,
              VANKARATH TOWERS, PALARIVATTOM-BYEPASS JUNCTION,
              KOCHI-682024.
     2        THE ASSISTANT GENERAL MANAGER,
              STATE BANK OF INDIA, THIRUVALLA TOWN BRANCH,
              THIRUVALLA-689101.
 RP 626/21
                                   2

            S.EASWARAN S.C


      THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 RP 626/21
                                          3

                             O R D E R

This application, seeking review of the judgment of this

Court dated 19.02.2019, has been impelled by the petitioners

making and urging various assertions, averments and allegations;

but at the crux of it all, they argue that, even going by the

observations and directions of this Court, they are not

foreclosed from challenging the steps taken by the Bank,

subsequent to the judgment in question, before the Debts

Recovery Tribunal (DRT), or such other competent Authority.

2. I do not understand why this Review Petition has

been filed by the petitioners because I had made it clear in

paragraph 8 of the judgment sought to be reviewed, that the

petitioners are only foreclosed from challenging the

measures/proceedings taken by the Bank under the Securitisation

and Reconstruction of Financial Assets and Enforcement of

Securities Interest Act ('the SARFAESI Act' for brevity) and RP 626/21

impugned in the Writ Petition, before any alternate Forum or

Court. Obviously, it means that only the measures that were

assailed before this Court, at the stage when the Writ Petition

was disposed of, would come within the rigour of this

observation.

3. In the afore circumstances, I do not think that it is

necessary for this Court to consider this Review Petition any

further.

4. At this time, Sri.S.Easwaran - learned counsel for the

Bank, intervened to say that the attempt of the petitioner is to

open up the entire measures and not merely the steps taken by

the Bank consequent to the judgment.

5. I have no doubt that if the attempt of the petitioner

is so, then the DRT will certainly see through it and will decide

the matter before it strictly in terms of the directions in the

judgment and only as against the measures taken by the Bank,

subsequent to the judgment.

RP 626/21

This Review Petition is thus disposed of.

Sd/-

RR                                     DEVAN RAMACHANDRAN
                                              JUDGE
 RP 626/21


                 APPENDIX OF RP 626/2021

PETITIONER ANNEXURE
Annexure A1        COPY OF SA NO. 203/2021 FILED BEFORE

DRT-2, ERNAKULAM WITHOUT ANNEXURES. Annexure A2 COPY OF IA NO. 1056/2021 IN SA NO.

203/2021.

Annexure A3 COPY OF WRITTEN STATEMENT DATED 06/09/2021 FILED BY THE RESPONDENTS IN SA 203/2021 (WITHOUT ANNEXURES).

Annexure A4 COPY OF COUNTER DATED 06/09/2021 FILED BY THE RESPONDENTS IN IA NO.1056/2021 IN SA 203/21.

Annexure A5 COPY OF PROCEEDINGS DATED 07/09/2021 OF DRT-2, ERNAKULAM IN SA NO.203/2021. RESPONDENT EXHIBITS Exhibit R1(A) A COPY OF THE MEMORANDUM OF SECURITISATION OF APPLICATION (SA NO.203/2021) Exhibit R1(B) COPY OF THE PROCEEDINGS OF THE DEBT RECOVERY TRIBUNAL IN SA NO. 203/2021.