Vijayaraj.R vs South Indian Bank
2024 Latest Caselaw 11711 Ker

Kerala High Court

Vijayaraj.R vs South Indian Bank on 25 April, 2024

Author: C.S.Dias

Bench: C.S.Dias

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                     THE HONOURABLE MR.JUSTICE C.S.DIAS
          Thursday, the 25th day of April 2024 / 5th Vaisakha, 1946
                              RP NO. 147 OF 2024
                            WP(C).No.8402/2023 (A)
REVIEW PETITIONER/PETITIONER IN WP(C):

     VIJAYARAJ.R, AGED 49 YEARS, S/O.RAMANEZHUTHACHAN, KADAMOMKOTTIL
     HOUSE, PROPRIETOR, M/S.RAMACHANDRA HANDLOOMS, KAYARAMPARA,
     KUTHAMPULLY, THRISSUR, PIN - 680 594

RESPONDENTS/RESPONDENTS:

  1. SOUTH INDIAN BANK REGIONAL OFFICE, PALAKKAD, DOOR NO.733/2, FIRST
     FLOOR, D&D ARCADE BUILDING, CHITTUR ROAD, MANAPPULLIKAVU,
     KUNNATHURMEDU.P.O, PALAKKAD. REP BY ITS AUTHORISED OFFICER/CHIEF
     MANAGER, PIN - 678013
  2. THE SOUTH INDIAN BANK THIRUVILWAMALA BRANCH, THIRIWILWAMALA P.O,
     THRISSUR. REP.BY ITS MANAGER, PIN - 680588


     Review Petition praying that in the circumstances stated therein the
High Court be pleased to allow review of the Judgment dated 24-08-2023 in
WP(C) No.8402/2023 and direct the respondents to reconvey the possession
of the petitioner's residential building permitting him to pay the balance
amount due to the respondent bank as ordered by this Hon'ble Court in the
above Judgment.

     This Review Petition again coming on for orders upon perusing the
petition and this Court's Judgment dated 24-08-2023 in WP(C) No.8402/2023
and this Court's order dated 13/02/2024 in RP and upon hearing the
arguments of SRI.V.A.JOHNSON (VARIKKAPPALLIL), Advocate for the petitioner
in RP/WP(C) and of M/s K.MADHUSOODANAN, MATHEW JACOB (KUNNATHU) and SYRIAC
JOSEPH, Advocates for the respondents in RP/WP(C), the court passed the
following:
                            C.S.DIAS, J.
         ----------------------------------------------------
                    R.. P. No. 147 of 2024
         ----------------------------------------------------
          Dated this the 25th day of April, 2024


                            ORDER

The learned Standing Counsel appearing for the

respondents submits that as on 30.03.2024 the

balance amount due to the respondent is

Rs.13,02,338.50/-. The time period to deposit the

amount would expire on 24.09.2024. This Court, by

order dated 13.02.2024, permitted the petitioner to

reside in the house as a concession, subject to the

condition that the petitioner does not commit any

default in payment of the remaining amount.

2. The learned counsel appearing for the

petitioner submits that the petitioner is willing to

deposit the entire arrears within two days from today.

If the petitioner does not remit the amount, the

petitioner would vacate from the premises as

undertaken by him in the affidavit filed before this

Court.

3. In the light of the above submission, it would

be upto the petitioner to remit the entire arrears as on

today to the respondent bank, on or before 30.04.2024,

failing which the petitioner would have to vacate from

the secured asset.

Post on 22.05.2024.

Sd/-

C.S. DIAS JUDGE BR

25-04-2024 /True Copy/ Assistant Registrar