This order dismissed a review petition filed against a writ judgment granting installment facilities. The court held that since the review petitioner opted for an alternative remedy which they challenged, no review of the judgment was necessary and dismissed the petition.
The review petition is dismissed. The judgment reviewed remains operative.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 16TH DAY OF MARCH 2016/26TH PHALGUNA, 1937
RP.No. 207 of 2016 IN WA.278/2016
AGAINST THE JUDGMENT IN WA 278/2016 DATED 18-02-2016
REVIEW PETITIONERS/APPELLANTS :
BY ADV. SRI.PEEYUS A.KOTTAM
RESPONDENTS/RESPONDENTS :
R1 & R2 BY SRI.JAWAHAR JOSE, SC, STATE BANK OF TRAVANCORE
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 16-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.
R.P. No. 207 of 2016 IN
W.A. No. 278 of 2016 IN W.P.(C) No. 35303 OF 2015
O R D E R
Shaffique, J.
This Review Petition has been filed seeking to review
the judgment dated 18.02.2016 in W.A. No. 278 of 2016 in W.P.(C) No. 35303 of 2015.
R.P. No. 207 of 2016 IN W.A. No. 278 of 2016 IN W.P.(C) No. 35303 of 2015
-:2:-
already expired and there is no provision to condone the delay as well.
Be that as it may, the appellant having already chosen a remedy in which he was not satisfied, we do not think that the judgment needs any review of the judgment. As far as the opportunity of filing application under Section 17 of the SARFAESI Act is concerned, it is always open for the petitioner to take recourse of that remedy as and when a cause of action arises. Hence the Review Petition is dismissed.
Sd/- Ashok Bhushan, Chief Justice.
Sd/- A.M. Shaffique, Judge.
ttb/16/03
/TRUE COPY/
PA TO JUDGE
2 issues framed by the court
Whether the review petition should be allowed given the petitioner's availability of alternative remedies under Section 17 of the SARFAESI Act.
Whether the period for filing an application before the Debt Recovery Tribunal has expired.
1 provisions across 1 enactments
Vishwambaran A.
Smt. Valsala P.
The Authorized Officer, State Bank of Travancore Stressed Assets Resolution Centre
The Manager, State Bank of Travancore, Manacaud Branch
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
