Kerala High Court
P.H. Badharudeen vs Bank Of Maharashtra on 21 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA,
1945
WA NO. 1663 OF 2023
JUDGMENT IN RP 849/2023 OF HIGH COURT OF KERALA
APPELLANT/S:
P.H. BADHARUDEENAGED 51 YEARSS/O.
HASSANKUTTY.P.A., AGED 51 YEARS, 217/1. AL-
BHUSTHAN MAHAL, MAVINAKATTA, KOIPPADY, KASARAGOD
DISTRICT, PIN - 671321
BY ADV KODOTH SREEDHARAN
RESPONDENT/S:
1 BANK OF MAHARASHTRABANK OF MAHARASHTRA, ZONAL
BRANCH, PALARIVATOM BYPASS JUNCTION,
VENNALA.P.O., ERNAKULAM, PIN - 682028
2 BANK OF MAHARASHTRAREPRESENTED BY ITS BRANCH
MANAGER, KASARAGOD BRANCH, KASARAGOD DISTRICT,
PIN - 671121
OTHER PRESENT:
SC FOR BANK OF MAHARASHTRA ADV.T.A. PRAKASH
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
21.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.1663 of 2023
-2-
JUDGMENT
Dated this the 21st day of September, 2023
A.J.Desai, C.J.
By way of present writ appeal filed under
Section 5 of the Kerala High Court Act, 1958, the
writ petitioner has challenged an order dated
19.09.2023 passed by the learned Single Judge in
R.P.No.849 of 2023 by which the writ petitioner
sought permission to review the judgment dated
11.07.2023 in W.P.(C) No.20636 of 2023.
2. The learned Single Judge refused to
entertain the review petition on the ground that
the contention raised in the review petition was
never raised in the writ petition.
3. Learned Advocate appearing for the
appellant would submit that the learned Single
Judge ought to have considered the applicability
of the RBI guidelines. It is submitted that the
respondent Bank did not grant the appellant the
W.A.No.1663 of 2023
benefit of the guidelines, which has been
extracted in the impugned judgment and reads as
follows:
"4.2.4 Upgradation of loan accounts
classified as NPAs.
If arrears of interest and principal
are paid by the borrower in the case of loan
accounts classified as NPAs, the account
should no longer be treated as non
performing and may be classified as
'standard' accounts. With regard to
upgradation of a restructured/rescheduled
account which is classified as NPA contents
of paragraphs 4.2.14 and 4.2.15 will be
applicable".
4. On the other hand, learned Counsel
appearing for the respondent Bank submits that,
when the writ petition came up for consideration,
the appellant agreed to pay the entire
outstanding amount in six equal monthly
installments. Thereafter, the appellant
challenged the judgment by filing Writ Appeal
No.1398 of 2023 before this Court, but the same
W.A.No.1663 of 2023
was dismissed by permitting the appellant to file
a review petition. He would further submit that
the learned Single Judge has rightly dismissed
the review petition since new grounds were taken
and no documents were produced in support of the
appellant's contention with regard to Paragraph
4.2.4 of the RBI guidelines. He therefore prays
for dismissal of the appeal.
5. We have heard the learned Advocates for
the respective parties.
From a reading of the judgment dated
11.07.2023 passed by the learned Single Judge in
W.P.(C) No.20636 of 2023, it appears that the
appellant himself had agreed to pay the
outstanding amount of Rs.38,32,500/- in six
equated monthly instalments. The writ petition
was disposed of based on the said submission.
However, the Writ Appeal No.1398 of 2023 was
filed challenging that judgment. While disposing
the writ appeal by permitting the appellant to
W.A.No.1663 of 2023
file review petition, this Court did not grant
liberty to the appellant to raise new grounds in
the review petition. In the order dismissing the
review petition, learned Single Judge has
observed that grounds pleaded in the review
petition were never raised in the writ petition.
Further, there is no evidence to establish that
the appellant's case falls under Paragraph 4.2.4
of the RBI guidelines. Therefore, on this ground
also, we do not find any merit in the writ appeal
and hence the same is dismissed.
Sd/-
A.J.Desai
Chief Justice
Sd/-
V.G.Arun
Judge
scl
