Bank Of Baroda vs Alexander
2023 Latest Caselaw 8293 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

        TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945

                           RP NO. 623 OF 2023

  AGAINST THE JUDGMENT DATED 16.05.2023 IN WP(C) 15172/2023 OF HIGH

                            COURT OF KERALA

REVIEW PETITIONERS/PETITIONERS:

    1       BANK OF BARODA
            HEAD OFFICE, BARODA HOUSE,MANDVI,VADODARA DISTRICT,
            GUJ.ARAT,PIN- 39.REPRESENTED BY ITS MANAGING DIRECTOR &
            CHIEF EXECUTIVE OFFICER, REPRESENTED THROUGH AUTHORISED
            OFFICER/ CHIEF MANAGER SRI. SHRINIWAS PATHAK, AGED 44
            YEARS, S/O. LATE. S.M PATHAK.
    2       THE BRANCH MANAGER
            BANK OF BARODA, MAKKIYAD BRANCH,NEAR MAKKIYAD P.O,
            MAKKJYAD, WAYANAD, PIN: 670 731, REPRESENTED THROUGH
            AUTHORISED OFFICER, CHIEF MANAGER , SRI. SHRIHIWAS
            PATHAK, AGED 44 YEARS, S/O. LATE. S.M PATHAK.
    3       THE AUTHORISED OFFICER AND CHIEF MANAGER
            BANK OF BARODA, MAKKIYAD BRANCH, NEAR MAKKIYAD P.O,
            MAKKIYAD. WAYANAD, PIN - 670731, REPRESENTED BY SRI.
            SHRINIWAS PATHAK, AGED 44 YEARS, S/O. LATE. S.M PATHAK,
            BY ADV LEO GEORGE


RESPONDENTS/RESPONDENTS:

            ALEXANDER
            AGED 47 YEARS
            S/0. CHANDY, PULLIKKAMALIL HOUSE, PUDUSSERRY P.O,
            KANGIRANGAD VILLAGE,WAYANAD DISTRICT,, PIN - 670 645.
            BY ADV. SHAJI CHIRAYATH



THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 01.08.2023, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 R.P. No. 623/2023               :2:



                      SHOBA ANNAMMA EAPEN, J.
            --------------------------------------------------------
                              R.P. No. 623 of 2023
                                       in
                           W.P.(C) No. 15172 of 2023
           ---------------------------------------------------------
                     Dated this the 1st day of August, 2023.

                                JUDGMENT

The review petitioners--Bank of Baroda, the Branch Manager,

Bank of Baroda, the Authorised Officer and Chief Manager, Bank of

Baroda, Wayanad represented by Sri. Shriniwas Pathak, filed the

review petition, seeking a review of the judgment dated

14.05.2023 in W.P.(C) No. 15172 of 2023 contending that the

petitioner in the writ petition has secured the judgment by making

incorrect facts.

2. Heard the learned counsel for the review petitioners and

the respondent.

3. When the matter came up for consideration today, the

learned counsel for the respondent/writ petitioner submits that the

respondent wants to file a Securitization Application (SA) before

the Debt Recovery Tribunal on the basis of the original cause of

action.

4. Considering the facts and circumstances of the case, this

Court is of the view that there is force in the contention raised by

the review petitioner and therefore, the review petition can be

allowed.

Accordingly, the Review Petition is allowed and the judgment

dated 14.05.2023 is recalled and the writ petition is restored to file,

for judgment.

sd/-

SHOBA ANNAMMA EAPEN, JUDGE.

Rv