Authorised Officer vs Ajay.T.M
2023 Latest Caselaw 8251 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
      TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                         RP NO. 702 OF 2023
  AGAINST THE JUDGMENT IN WP(C) 10299/2023 OF HIGH COURT OF KERALA
REVIEW PETITIONER/RESPONDENT IN THE W.P.(C) NO.10299/2023:

           AUTHORISED OFFICER,
           INDUSIND BANK LIMITED, JAIN TOWER-11, VARAPPUZHA ROAD,
           NEAR RAILWAY OVERBRIDGE, EDAPPALLY, KOCHI-682024
           REPRESENTED BY SHRI BISIN.K.S., AGED 49 YEARS, S/O
           SANKARAN, KAVALLOOR HOUSE, NADAVARAMBA, IRINJALAKKUDA,
           MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN - 680661.

           BY ADV VARGHESE C.KURIAKOSE


RESPONDENT/PETITIONER IN THE W.P.(C) NO.10299/2023:

           AJAY.T.M.
           AGED 32 YEARS
           S/O MONY, THEYAMPURATHKUDY HOUSE, EDATHALA P.O., ALUVA,
           ERNAKULAM DISTRICT, PIN - 683561.

           BY ADV N.K.MOHANLAL


     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 01.08.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RP NO. 702 OF 2023

                                      2

                              T.R. RAVI, J.
                        ---------------------------------
                         R.P.No.702 of 2023
                                       in
                     W.P.(C) No.10299 of 2023
                     ----------------------------------------------
                 Dated this the 01st day of August, 2023


                                  ORDER

The review petition is filed since this Court had not fixed

any time for the respondent to make the payment which is

overdue and get release of the vehicle.

2. When the matter was taken up on 27.07.2023 it was

submitted by the counsel for the writ petitioner that a sum of

Rs.3,00,000/- will be paid on the next day. The case was posted

on 31.07.2023 for verifying whether the payment has been

made. On 31.07.2023 it was submitted that even though the

amount was tendered, the review petitioner did not accept it. In

the above circumstances, this Court directed the writ petitioner

to take a Demand Draft in the name of the review petitioner and

produce the same before this Court today (01.08.2023).

3. When the case is taken up today, it is submitted by the RP NO. 702 OF 2023

counsel for the respondent that the Demand Draft could not be

taken since the amount could not be raised.

4. There is no reason for postponing the case for

payment of Rs.3,00,000/- any further. I find that the reason

stated in the review petition for reviewing the judgment is

justified and the judgment requires to be modified fixing a time

for payment.

In the above circumstances, the review petition is disposed

of by modifying the judgment by directing the petitioner to pay

the amount overdue within two months from today and if the

entire amount is not paid within the said period, the review

petitioner will be free to take further steps with the vehicle

which is in their possession.

Sd/-

T.R.RAVI JUDGE mpm