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Byju K K vs Special Sale Officer
2023 Latest Caselaw 3289 Ker

Citation : 2023 Latest Caselaw 3289 Ker
Judgement Date : 23 March, 2023

Kerala High Court
Byju K K vs Special Sale Officer on 23 March, 2023
              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                           RP NO. 334 OF 2023
AGAINST THE ORDER/JUDGMENT IN WP(C) 23805/2022 DATED 30.11.2022 OF
                          HIGH COURT OF KERALA
REVIEW PETITIONER/PETITIONER:

            SINDHU A K
            AGED 48 YEARS
            D/O. A M KUNJUNNI
            ALENGATTUPARAMBIL HOUSE, PLAKKATLANE, THRISSUR, PIN -
            680001

            BY ADVS.
            A.C.DEVY
            A.M.ABDULLA
            K.R.RAMISH



RESPONDENTS/RESPONDENTS

    1       SPECIAL SALE OFFICER
            THRISSUR SCB GROUP, OFFICE OF ASSISTANT REGISTRAR
            (GENERAL) OF CO.OP. SOCIETIES, THRISSUR, PIN - 680003

    2       THE BRANCH MANAGER
            THRISSUR SERVICE CO-OPERATIVE BANK NO. 1097,
            THIRUVAMBADI, THRISSUR, PIN - 680022

    3       THE SECRETARY
            THRISSUR SERVICE CO-OPERATIVE BANK NO.1097,
            THIRUVAMBADI, THRISSUR, PIN - 680022

            BY ADVS.
            A.D.RAVINDRA PRASAD
            ALEX VARGHESE
            A.D.CHANDRA BOSE


     THIS   REVIEW   PETITION   HAVING      COME   UP   FOR   ADMISSION   ON
23.03.2023, ALONG WITH RP.350/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 RP NOS.334/2023 in Wp.(C).No.23805/2022

& 350/ 2023 in W.P(C).No.23793/2022        2

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                   THE HONOURABLE MR. JUSTICE T.R.RAVI
   THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                                RP NO. 350 OF 2023
       AGAINST THE ORDER/JUDGMENT IN WP(C) 23793/2022 DATED
                    30.11.2022 OF HIGH COURT OF KERALA
REVIEW PETITIONER/PETITIONER:


               BYJU K K
               AGED 54 YEARS
               S/O. KOCHURAMAN
               KIZHAKKAN HOUSE, THRISSUR VILLAGE, THRISSUR TALUK,
               THRISSUR DISTRICT, PIN - 680020

               BY ADVS.
               A.C.DEVY
               A.M.ABDULLA
               K.R.RAMISH


RESPONDENTS/RESPONDENTS:

      1        SPECIAL SALE OFFICER
               THRISSUR SCB GROUP, OFFICE OF ASSISTANT REGISTRAR
               (GENERAL) OF CO.OP. SOCIETIES, THRISSUR, PIN -
               680003

      2        THE BRANCH MANAGER
               THRISSUR SERVICE CO-OPERATIVE BANK NO. 1097,
               THIRUVAMBADI, THRISSUR, PIN - 680022

      3        THE SECRETARY
               THRISSUR SERVICE CO-OPERATIVE BANK NO.1097,
               THIRUVAMBADI, THRISSUR, PIN - 680022

               BY ADVS.
               A.D.RAVINDRA PRASAD
               ALEX VARGHESE(K/000320/1987)
               A.D.CHANDRA BOSE(MAH/685-B/1988)


       THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
23.03.2023, ALONG WITH RP.334/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 RP NOS.334/2023 in Wp.(C).No.23805/2022

& 350/ 2023 in W.P(C).No.23793/2022        3




                                T.R. RAVI, J.
                 --------------------------------------------
                        R.P.Nos.334 and 350 of 2023
                  --------------------------------------------
                   Dated this the 23rd day of March, 2023


                                          ORDER

The review has been sought for stating that overlooking the fact

that there is further period available in the loan transaction, orders

where issued directing the petitioners to pay amounts totally

outstanding in 20 equal monthly instalments. The petitioners seek

review of the judgment and grant 20 monthly instalments for paying

the overdue amount instead of the total outstanding amount and

enable the petitioners to regularise the loan account. Going by the

judgment, if the petitioners had committed two consecutive defaults

the respondents are permitted to continue with the coercive steps.

Admittedly, no amounts have been paid subsequent to the judgment

and no further steps have also been taken by the respondent bank.

Even though there are no grounds on which a review can be

permitted, in the interest of justice the judgment dated 30.11.2022 is

recalled. Post the writ petition for orders.

Sd/-

T.R.RAVI JUDGE LEK

 
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