M/S. Taj Marbles And Mosaics vs The State Bank Of India (S.B.I.)
2023 Latest Caselaw 4165 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
     FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                        RP NO. 268 OF 2023
AGAINST THE JUDGMENT IN WP(C)NO.37703/2022 OF HIGH COURT OF KERALA
                            DATED 03.02.2023
REVIEW PETITIONERS/PETITIONERS :

    1     M/S. TAJ MARBLES AND MOSAICS,
          PRAYIKKARA, TAJ COMPLEX,
          MAVELIKKARA, ALAPPUZHA DISTRICT,
          KERALA, PIN 690101
          REPRESENTED BY ITS MANAGING PARTNER
          K.M. REGHUNATHAN, AGED 54 YEARS,
          S/O. K. MADHAVAN, KIZHAKKEVILAYIL HOUSE,
          PRAYIKARA, MAVELIKKARA, PIN - 690101
    2     K.M. REGHUNATHAN
          AGED 54 YEARS
          S/O. K. MADHAVAN,
          KIZHAKKEVILAYIL HOUSE,
          PRAYIKARA, MAVELIKKARA, PIN-690101,
          MANAGING PARTNER, M/S. TAJ MARBLES AND MOSAICS,
          PRAYIKKARA, TAJ COMPLEX, MAVELIKKARA,
          ALAPPUZHA DISTRICT, KERALA, PIN - 690101
          BY ADVS.
          P.HARIDAS
          BIJU HARIHARAN
          SHIJIMOL M.MATHEW
          RAJASREE T.R.
          P.C.SHIJIN
          RISHIKESH HARIDAS


RESPONDENTS/RESPONDENTS :

    1     THE STATE BANK OF INDIA (S.B.I.)
          REPRESENTED BY ITS GENERAL MANAGER,
          SBI, ROTARY JN., POOJAPPURA MAIN ROAD,
          KESARI NAGAR,POOJAPPURA-,
          PIN - 695012
    2     ASSISTANT GENERAL MANAGER,
          SBI, STRESSED ASSETS RECOVERY BRANCH (05182),
          7TH FLOOR, VANKARATH TOWERS,
          PALARIVATTOM BYEPASS JUNCTION,
          ERNAKULAM, PIN - 682024
 RP No.268 of 2023
IN WPC No.37703 of 2022

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       3        THE AUTHORIZED OFFICER (CHIEF MANAGER)
                STATE BANK OF INDIA,
                SME MAVELIKARA BRANCH,
                MAVELIKARA, PIN - 690101
                BY ADV JAWAHAR JOSE, STANDING COUNSEL


        THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RP No.268 of 2023
IN WPC No.37703 of 2022

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                                    ORDER

Petition seeking review of the judgment in W.P.

(C)No.37703 of 2022. No grounds are made out for a review

of the judgment. However, notwithstanding the serious

objection raised by the learned counsel for the respondent

bank, it is directed that judgment in W.P.(C)No.37703 of 2022

will not prevent the prosecution of SA No.53 of 2023. I make

it clear that I have not expressed any opinion in the merits of

the matter and that the Tribunal will be free to adjudicate the

securitization application in accordance with law and

untramelled by any observation contained in the judgment in

W.P.(C)No.37703 of 2022 or in this order.

Sd/-

GOPINATH P., JUDGE rkj RP No.268 of 2023 IN WPC No.37703 of 2022

APPENDIX OF RP 268/2023

RESPONDENT EXHIBITS Exhibit-R2(a) True copy of the proposal dated 13-2-2023 submitted by the petitioner to the bank. Exhibit-R2(b) True copy of the communication dated 10-

3-2023.