Mohammed Faizal P.K vs Hdfc Bank
2024 Latest Caselaw 27888 Ker

Kerala High Court

Mohammed Faizal P.K vs Hdfc Bank on 13 September, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

R.P.No.565 of 2024 in
W.P.(C) No.15302 of 2024
                                          2024:KER:70199

       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. 565 OF 2024

    AGAINST THE ORDER/JUDGMENT DATED 12.04.2024 IN
     WP(C) NO.15302 OF 2024 OF HIGH COURT OF KERALA


REVIEW PETITIONER/PETITIONER:
         MOHAMMED FAIZAL P.K
         AGED 53 YEARS, S/O P.K KHALID,
         POOVATHUMPARAMBIL (H)
         NAMBIAPURAM ROAD, PALLURUTHY,
         ERNAKULAM, PIN - 682006

         BY ADV L.RAJESH NARAYAN


RESPONDENT/RESPONDENT:
         HDFC BANK
         3RD FLOOR, SL PLAZA
         PALARIVATTOM JUNCTION, ERNAKULAM
         REPRESENTED BY ITS AUTHORISED OFFICER,
         PIN - 682025

         M. PREMCHAND

     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION
ON 13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 R.P.No.565 of 2024 in
W.P.(C) No.15302 of 2024
                                  :2:
                                                      2024:KER:70199

                             ORDER

Dated this the 13th day of September, 2024

The writ petition was disposed of with the following

directions:

"(i) The petitioner shall remit an amount of ₹7 lakhs on or before12.05.2024.

(ii) The petitioner shall remit the balance overdue amount in subsequent consecutive six equal monthly instalments thereafter, along with accruing interest and other Bank charges, if any.

(iii) If the petitioner commits default in making payments as directed above, the respondent 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 amount as directed above, any coercive proceedings against the petitioner will stand deferred.

(vi) After clearing the overdue amount, the petitioner can approach the Bank for regularisation of the loan account."

2. The review petition has been filed alleging that the

petitioner was expecting funds before the date prescribed by R.P.No.565 of 2024 in

2024:KER:70199

the judgment and had bonafide intention to pay. But the

payment has been delayed and the petitioner will be able to

comply with the first condition in another month's time.

3. Going through the grounds urged by the petitioner, I

do not find any error apparent on the face of the judgment

warranting review.

Review Petition is dismissed.

Sd/-

N. NAGARESH JUDGE APA R.P.No.565 of 2024 in

2024:KER:70199

APPENDIX OF R.P.NO. 565 OF 2024

PETITIONER ANNEXURES

ANNEXURE A1 TRUE COPY OF THE NOTICE DATED 30.05.2024 ISSUED BY THE ADVOCATE COMMISSIONER IN MC NO.395/2023