The High Court of Kerala disposed of a review petition regarding interest recovery in a secured debenture case. The court dismissed the petition noting that no debt had been paid since a prior interim order and found no errors apparent on the face of the record.
IA No.150 of 2017 was dismissed, and the Review Petition was dismissed.
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 MR.JUSTICE V.CHITAMBARESH & THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 7TH DAY OF APRIL 2017/17TH CHAITHRA, 1939
RP.No. 239 of 2017 () IN WA.2112/2016
AGAINST THE JUDGMENT IN WA 2112/2016 of HIGH COURT OF KERALA DATED 2610-2016
REVIEW PETITIONERS/RESPONDENTS 1 TO 3,6 &7
1. DEVASIA DEVASIA AGED 72 YEARS, S/O.MR.DEVASIA KULAMAKKAL, RESIDING AT KULAMAKKAL HOUSE, KIZHATHADIYOOR P O, KOTTAYAM , PIN-686574.
2. SUNNY V ZACHARIA, AGED 57 YEARS, S/O.MR.SCARIA, RESIDING AT KULAMAKKAL HOUSE, KIZHATHADIYOOR P O, KOTTAYAM , PIN-686574.
3. ROSELIN SEBASTIAN AGED 53 YEARS, W/O.MR.SUNNY ZACHARIA, RESIDING AT KULAMAKKAL HOUSE, KIZHATHADIYOOR P O, KOTTAYAM , PIN-686574.
4. BIBIN JOY AGED 42 YEARS, S/O.MR.JOY JOSEPH, RESIDING AT THEUNGUMPALLIKUNNEL HOUSE, KIZHATHADIYOOR P O, KOTTAYAM, PIN 686574,
5. STEPHIN BIBIN AGED 36 YEARS, W/O.MR.BIBIN JOY, RESIDING AT THEUNGUMPALLIKUNNEL HOUSE, KIZHATHADIYOOR P O, KOTTAYAM, PIN 686574
BY ADVS.SRI.P.K.SURESH KUMAR (SR.) SRI.SHAJI CHIRAYATH SMT.JIJI M. VARKEY SMT.SAVITHA GANAPATHIYATAN SRI.M.M.SHAJAHAN
RESPONDENTS/APPELLANTS & R4 AND R5
1. AUTHORIZED OFFICER
(APPOINTED UNDER THE SECURITISTATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECUTIRY INTEREST ACT 2002) STATE BANK OF TRAVANCORE, MAMMOOD BRANCH, MAMMOOD, P B NO.1, MAMMOOTTIL BUILDINGS, KOTTAYAM 686553.
RP.No. 239 of 2017 () IN WA.2112/2016
2. STATE BANK OF TRAVANCORE MAMMOOD BRANCH, MAMMOOD P B NO.1, MAMMOOTTIL BUILDINGS, KOTTAYAM 686553, REPRESENTED BY ITS AUTHORISED OFFICER, (APPOINTED UNDER THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECUTIRY INTEREST ACT ,2002)
3. MATHEW CYRIAC AGED 52 YEARS, S/O.MR.KURIAN, RESIDING AT KULAMAKKAL HOUSE, KIZHATHADIYOOR P O, KOTTAYAM DISTRICT, PIN 686574.
4. TESSY MATHEW AGED 49 YEARS, W/O.MR.MATHEW CYRIAC, RESIDING AT KULAMAKKAL HOUSE, KIZHATHADIYOOR P O, KOTTAYAM DISTRICT, PIN 686574.
R1,R2 BY ADV. SRI.R.S.KALKURA, SC, SBT
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 07-042017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.No. 239 of 2017 () IN WA.2112/2016
APPENDIX
PETITIONERS' ANNEXURES:
ANNEXURE 1 : COPY OF THE JUDGMENT IN ORIGINAL SUIT NO.240/2016 ON THE FILES OF 2ND ADDITIONAL SUBORDINATE JUDGES COURT, ERNAKULAM. ANNEXURE 2 : COPY OF THE CERTIFICATE ISSUED BY THE AGRICULTURAL OFFICER THAT 43.22 ARES OF PROPERTY IN SURVERY NO. 102/35-1, 102/35-2 AND 102/36-1 OF LALAM VILLAGE OF KOTTAYAM DISTRICT IS AN AGRICULTURAL PROPERTY. ANNEXURE 3 : COPY OF THE CERTIFICATE ISSUED BY THE AGRICULTURAL OFFICER THAT PROPERTY 18.14 ARES IN SURVEY NO.102/28 OF LALAM VILLAGE OF KOTTAYAM DISTRICT IS AN AGRICULTURAL PROPERTY.
RESPONDENTS' ANNEXURES: NIL
//TRUE COPY//
P.A TO JUDGE
V.Chitambaresh & Sathish Ninan, JJ. ============================== Review Petition No.239 of 2017 in W.A No.2112 of 2016
==========================
Dated this the 7th day of April, 2017
ORDER
Chitambaresh, J
instructions that no amount towards the debt has been paid since the order dated 10.03.2017 in I.A No.150 of 2017 in R.P No.239 of 2017.
The Review Petition is dismissed.
Sd/- V.Chitambaresh, Judge
Sd/- Sathish Ninan, Judge
vdv
//TRUE COPY//
P.A TO JUDGE
Devasia Devasia and others
State Bank of Travancore Mammoood Branch and others
V. Chitambaresh
Sathish Ninan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
