Kerala High Court
Vijayaraj.R vs South Indian Bank on 5 September, 2024
Author: C.S.Dias
Bench: C.S.Dias
2024:KER:67534
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
RP NO. 147 OF 2024
AGAINST THE JUDGMENT DATED IN WP(C) NO.8402 OF 2023 OF HIGH
COURT OF KERALA
REVIEW PETITIONER/PETITIONER IN WPC:
VIJAYARAJ.R
AGED 49 YEARS
S/O.RAMANEZHUTHACHAN, KADAMOMKOTTIL HOUSE,
PROPRIETOR, M/S.RAMACHANDRA HANDLOOMS,
KAYARAMPARA, KUTHAMPULLY, THRISSUR, PIN - 680594
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
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
BY ADVS.
K.MADHUSOODANAN
MATHEW JACOB (KUNNATHU)(K/398/2013)
SYRIAC JOSEPH(K/304/1980)
SRI. SUNIL SANKAR. P
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
05.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2024:KER:67534
R.P No.147 of 2024 2
C.S.DIAS,J.
====================
R.P No.147 of 2024
in
W.P(C). No.8402 of 2023
------------------------------------ --
Dated this the 5th day of September, 2024
ORDER
The review petition is filed to review the
judgment dated 24.08.2023 passed in the writ petition.
2. The review petitioner has stated that, by the
afore-stated judgment, this Court had disposed of the
writ petition, by directing the petitioner to pay the
outstanding amount with future interest and cost to the
second respondent bank in twelve equated monthly
instalments commencing from 24.09.2023. Due to
circumstances beyond the petitioner's control, he could
not pay the amount within time as his business suffered a
setback. In the meantime, the respondents have taken
possession of the building on 24.01.2024. The petitioner
may be granted a breathing time to pay the balance
2024:KER:67534
amount due to the second respondent. Hence, the
judgment may be reviewed.
3. Heard; Sri. V.A. Johnson, the learned counsel
appearing for the petitioner and Sri. Syriac Joseph, the
learned counsel appearing for the respondents.
4. When the review petition came up for
consideration on 07.02.2024, the learned counsel for the
review petitioner emphatically stated that the petitioner
was willing to pay the entire outstanding amount in a
lump sum on or before 30.01.2024. In the light of the
above submission, this Court directed the respondents to
the petitioner in possession of the secured asset, without
any equity. Yet, the petitioner failed to comply with his
undertaking. Finally, by order dated 29.08.2024, this
Court directed the petitioner to vacate the secured
assets on or before 03.09.2024 and hand over the
possession to the respondent bank. The petitioner has
now surrendered possession to the respondent bank, due
to the non-compliance of his undertakings.
2024:KER:67534
5. On a consideration of the facts, materials on
record, and in view of the failure of the petitioner to
comply with the directions in the impugned judgment as
well as the orders passed in the review petition, I do not
find any error apparent face of record warranting the
review of the impugned judgment. The review petition is
meritless and is only to be dismissed.
Resultantly, the review petition is dismissed.
Sd/-
C.S.DIAS, JUDGE
mtk/05.07.02.24
2024:KER:67534
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE RECEIPTS DATED
28.11.2023 ISSUED BY 2ND RESPONDENT
Annexure 2 TRUE COPY OF THE RECEIPT DATED 29.11.2023
ISSUED BY 2ND RESPONDENT
Annexure 3 TRUE COPY OF THE RECEIPT DATED 25.01.2024
ISSUED BY 2ND RESPONDENT FOR
RS.7.00.000/-
Annexure 4 TRUE COPY OF THE RECEIPT DATED 25.01.2024
ISSUED BY 2ND RESPONDENT FOR RS.50,000/-
