Kerala High Court
Yagappan Franklin Paul vs State Bank Of India Sbi on 12 November, 2024
Author: P Gopinath
Bench: P Gopinath
2024:KER:84068
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 12TH DAY OF NOVEMBER 2024 / 21ST KARTHIKA, 1946
RP NO. 770 OF 2023
AGAINST THE JUDGMENT DATED 04.11.2022 IN WP(C) NO.30919 OF
2022 OF HIGH COURT OF KERALA
REVIEW PETITIONER/PETITIONER:
YAGAPPAN FRANKLIN PAUL, AGED 47 YEARS
PAUL VILLA VARI VILLA, POOVAR P.O.,
THIRUVANANTHAPURAM- 695525
PRESENTLY RESIDING AT SONY HOUSE,
KUTTAPPANA VILAGAM, POOTHURAI POOTHURAI. P. O,
KANYAKUMARI DISTRICT, TAMILNADU, PIN - 629176
BY ADVS.
SOMAN P.PAUL
YASH THOMAS MANNULLY
RESPONDENT/RESPONDENT:
STATE BANK OF INDIA
RACPC 11, STUDENTS CENTRE, VELLAYAMBALAM ROAD,
LMS COMPUND, PMG, THIRUVANANTHAPURAM, PIN - 695003
REPRESENTED BY ITS AUTHORISED OFFICER/CHIEF MANAGER,
Sri. Arun Thomas (SC)
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
12.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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RP NO. 770 OF 2023 2
ORDER
Having heard the learned counsel appearing for the
petitioner and the learned counsel appearing for respondent
bank, I am of the opinion that no grounds have been made out,
especially at this distance of time to review the judgment dated
04.11.2022 in W.P.(C.) No.30919 of 2022.
2. A reading of the judgment of this Court would
indicate that despite the fact that the petitioner had earlier
approached this Court by filing W.P.(C.) No.20931 of 2019, for
reasons indicated in the judgment of this Court, this Court had
shown further indulgence to the petitioner making it clear that if
the petitioner fails to comply with the directions contained in the
judgment, the petitioner will also lose the right to approach the
Debts Recovery Tribunal. The judgment of this Court is dated
04.11.2022 and more than two years after the writ petition was
disposed of, the petitioner has chosen to file this review petition,
seeking review of the judgment.
3. Having failed to comply with the directions issued by
this Court in W.P.(C.) No.20931 of 2019 and again having failed
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to comply with the directions contained in the judgment of this
Court in W.P.(C.) No. 30919 of 2022, I find no ground made out
to review the judgment dated 04.11.2022 in W.P.(C.) No. 30919
of 2022 . The submission of the learned counsel appearing for
the petitioner that the right of the petitioner to approach the
Debts Recovery Tribunal has also been forfeited on account of
the directions contained in the judgment of this Court in W.P.
(C.) No. 30919 of 2022 is untenable. The petitioner had not
challenged the proceedings initiated by the bank on the merits
of the matter and only requested for some time to clear the
liability. The fact that the right of the petitioner to approach the
Debts Recovery Tribunal was forfeited by the directions
contained in the judgment in W.P.(C.) No. 30919 of 2022 does
not, in my view, entitle the petitioner to claim that the judgment
of this Court must be reviewed.
The review petition fails and it is accordingly dismissed.
Sd/-
GOPINATH P.
JUDGE
ajt
2024:KER:84068
PETITIONER ANNEXURES
Annexure I TRUE COPY OF SALE NOTICE PUBLISHED IN PAGE
NO. 7 OF MALAYALA MANORAMA DAILY NEWSPAPER
DATED 03-09-2022 (THIRUVANANTHAPURAM EDITION)
Annexure II TRUE COPY OF RTI APPLICATION DATED 20-03-2023
SUBMITTED TO RESPONDENT BANK
Annexure III TRUE COPY OF RTI REPLY DATED 18-04-2023
ISSUED BY RESPONDENT BANK
Annexure IV TRUE COPY OF LETTER DATED 17-01-2023 TO
RAJESH GEORGE FROM AUTHORISED OFFICER, STATE
BANK OF INDIA
Annexure V TRUE COPY OF APPLICATION DATED 20-03-2023
UNDER RTI ACT 2005 SUBMITTED TO MSTC LIMITED
Annexure VI TRUE COPY OF RTI INFORMATION DATED 18-04-2023
HAVING REF NO. MSTC/RTI/E/0028/2023-2024/315
Annexure VII TRUE COPY OF LETTER DATED 10-03-2023 ISSUED
BY RESPONDENT BANK
Annexure-V TRUE COPY OF APPLICATION UNDER RTI ACT 2005
SUBMITTED TO MSTC LIMITED
Annexure-VI TRUE COPY OF RTI INFORMATION DATED 20-06-2023
HAVING REF NO. MSTC/RTI/E/0028/2023-2024/315
