Disposed

P.V. Aleyas v. the Federal Bank Ltd.

Kerala HC17 Dec 2014RP/989/2014

Case brief

AI extract

What is this about?

On review of an order granting instalment relief in a bank recovery matter, the Court found no error apparent on the face of the record. The benefit was recalled, and the underlying issue regarding the property nature was left open.

What did the court decide?

The review petition was disposed of leaving the issue regarding the nature of the property and applicability of SARFAESI Act open; the previous order recalling liability stand recalled.

P.V. Aleyas Vs the Federal Bank Ltd. — Contract and Commercial Disputes | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

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WEDNESDAY, THE 17TH DAY OF DECEMBER 2014/26TH AGRAHAYANA, 1936

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RP.No. 989 of 2014 (Y) IN WP(C).25598/2014

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AGAINST THE JUDGMENT IN WP(C) 25598/2014 of HIGH COURT OF KERALA DATED 19-11-2014

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REVIEW PETITIONER(S)/PETITIONER IN WPC:

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P.V. ALEYAS AGED 64 YEARS, S/O.LATE VARKEY PUTHUKUNNATH PUTHENPURAYIL HOUSE, CHENKARA BHOOTHATHANKETTU P.O., ERNAKULAM DISTRICT-686 681.

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BY ADVS.SRI.MATHEWS K.UTHUPPACHAN SRI.TERRY V.JAMES

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RESPONDENT(S)/RESPONDENTS:

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THE FEDERAL BANK LTD. KUTTAMPUZHA BRANCH ERNAKULAM DISTRICT-686 691 REPRESENTED BY ITS BRANCH MANAGER.

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THE CHIEF MANAGER (LEGAL) AUTHORISED OFFICER UNDER SARFARESI ACT ZONAL OFFICE FEDERAL BANK LTD. FEDERAL TOWERS, MARINE DRIVE, ERNAKULAM-682 031.

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SHALU.S

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ADVOCATE COMMISSIONER, SREELAKSHMI, SANTHI LANE RAVIPURAM, KOCHI-16.

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STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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BY SRI.MOHAN JACOB GEORGE FOR R1 & R2

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 17-12-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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P.R.RAMACHANDRA MENON, J.

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= = = = = = = = = = = = = = = = Review Petition No.989 of 2014

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In W.P.(C) No.25598 of 2014

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= = = = = = = = = = = = = = = = = = = = = Dated this the 17th day of December, 2014

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O R D E R

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The writ petition filed by the petitioner earlier was disposed of recording the submission made by the learned counsel for the petitioner that the plea raised with reference to the nature of the property being an 'agricultural property' and exempted by virtue of Section 31(i) of the SARFAESI Act was not intended to be pressed any further and sought for the benefit of instalments to clear the entire liability. It was accordingly, that the petitioner was permitted to liquidate liability by way of 8 equal instalments beginning from 20.12.2014. The case of the petitioner is that, it was not so intended and as such, the petitioner wants to pursue the challenge with reference to the nature of the property contending that the respondent Bank is not entitled to invoke the remedy under SARFAESI Act.

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Heard the learned Standing Counsel for the Bank as well. After considering the nature of the contentions raised and also

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Review Petition No.989 of 2014 2

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the circumstances under which the writ petition was intended to be disposed of (based on the submission made by the learned counsel), this Court finds that there is absolutely no error apparent on the face of record. However, since this Court does not intend to cause any embarrassment to the learned lawyer, as against the wish of the petitioner, if it be so, this review petition stands disposed of leaving the issue open. The benefit given by this Court as per judgment dated 19.11.2014 will stand recalled.

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P.R.RAMACHANDRA MENON, JUDGE

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P.V. Aleyas v. the Federal Bank Ltd.

Case brief

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P.V. Aleyas v. the Federal Bank Ltd.

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