Bijimol M.C vs Branch Manager
2024 Latest Caselaw 27856 Ker

Kerala High Court

Bijimol M.C vs Branch Manager on 13 September, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

R.P.No.943 of 2024 in
W.P.(C) No. 40207 of 2023
                                          2024:KER:70221

       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
         THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024/22ND BHADRA, 1946
                  RP NO. 943 OF 2024

     AGAINST THE ORDER/JUDGMENT DATED 07.12.2023
   IN WP(C) NO.40207 OF 2023 OF HIGH COURT OF KERALA
REVIEW PETITIONER/PETITIONER:

         BIJIMOL M.C
         AGED 52 YEARS, W/O. SIVADASAN M.A.,
         MALIKAKKALLUMGAL HOUSE, METHALA,
         RAYAMANGALAM, ERNAKULAM, PIN - 683545

         BY ADV C.K.SREEJITH
RESPONDENTS/RESPONDENTS:

   1     BRANCH MANAGER
         STATE BANK OF INDIA,
         PALARIVATTOM BRANCH, (RACPC),
         PALARIVATTOM, ERNAKULAM, PIN - 682024
   2     CHIEF MANAGER
         (AUTHORIZED OFFICER),
         STATE BANK OF INDIA, 1ST FLOOR,
         VANKARATH TOWERS, BYE PASS JUNCTION,
         PALARIVATTOM, ERNAKULAM, PIN - 682024
         JITHESH MENON - SC

     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION
ON 13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 R.P.No.943 of 2024 in
W.P.(C) No. 40207 of 2023
                                  :2:
                                                      2024:KER:70221

                              ORDER

Dated this the 13th day of September, 2024

The writ petition was disposed of with the following

directions:

"(i) The petitioner shall remit the total overdue amount due to the Bank in consecutive four equal monthly instalments along with accruing interest and other Bank charges, if any. The first instalment shall be paid on or before 31.12.2023.

(iii) If the petitioner commits default in making payments as directed above, the respondents will be at liberty to continue with coercive proceedings against the petitioner in accordance with law.

(iv) The petitioner shall also pay current EMIs along with the aforesaid payments.

(v) If the petitioner pays the instalments as directed above, any coercive proceedings against the petitioner shall stand deferred."

2. The writ petitioner is before this Court alleging error

apparent on the face of the records. I have perused the

pleadings in the review petition and heard the Counsel for the

review petitioner. I do not find any material error in the R.P.No.943 of 2024 in

2024:KER:70221

judgment warranting interference of this Court.

3. Counsel for the petitioner submits that the petitioner

is ready to settle the loan account through One Time

Settlement. It is for the petitioner to approach the Bank with

appropriate applications in that regard.

Review petition is dismissed.

Sd/-

N. NAGARESH JUDGE APA R.P.No.943 of 2024 in

2024:KER:70221

PETITIONER ANNEXURES

ANNEXURE A1 THE CERTIFIED COPY OF THE JUDGMENT IN W.P. (C) NO. 40207/2023 ON THE FILE OF HON'BLE HIGH COURT, ERNAKULAMDT. 7/12/2023