In this review petition, the Kerala High Court held that seeking an extension of time to honour interim orders cannot be done via a review petition. The petition was dismissed with liberty to approach the court in the writ petition.
Petitioner will have to make appropriate applications in the writ petition for extension of time.
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 DEVAN RAMACHANDRAN
THURSDAY, THE 22ND DAY OF JUNE 2017/1ST ASHADHA, 1939 RP.No. 529 of 2017 () IN WP(C).15893/2017 ------------------------------------------IN WP(C).15893/2017 of HIGH COURT OF KERALA
REVIEW PETITIONER(S)/PETITIONER:
1. M/S.INTERGRATED RUBAIN EXPORTS LIMITED RUBIAN COMPLEX, INDUSTRIAL ESTATE, AROOR, ALAPPUZHA DISTRICT - 688 534, REPRESENTED BY ITS MANAGING DIRECTOR, AZKHAR ABDUL HAMEED, PUTHEN PURAKKAL HOUSE, NEAR VETTU ROAD JN., KAZHAKKOOTTAM, THIRUVANANTHAPURAM.
2. AZKHAR ABDUL HAMEED, S/O. ABDUL HAMEED, PUTHEN PURAKKAL HOUSE, NEAR VETTU ROAD JN., KAZHAKKOOTTAM, THIRUVANANTHAPURAM.
3. T.M.IMTHIAZ, S/O.T.K.MOIDU, THANNIKKAL HOUSE, AZAD ROAD, KALOOR, ERNAKULAM - 682 017.
4. T.M.MUHAMMED KUTTY, S/O. AHAMMED HAJI, THELAPPALLY HOUSE, AROOKKUTTY, NADUVATHUNAGAR P.O., ALAPPUZHA - 688 599.
5. K.K.KHADEEJA, W/O.T.M.MUHAMMED KUTTY, THELAPPALLY HOUSE, AROOKKUTTY, NADUVATHUNAGAR P.O., ALAPPUZHA - 688 599.
6. T.M.SANIYA W/O.T.M.IMTHIYAZ, THANNIKKAL HOUSE, AZAD ROAD, KALOOR, ERNAKULAM - 682 017.
BY ADVS. V.MAHENDRANATH R.SYLESHWAREN NAIR
RESPONDENT(S)/RESPONDENTS:
1. THE AUTHORISED OFFICER, VIJAYA BANK, M.G.ROAD BRANCH, ERNAKULAM - 682 016.
RP.No. 529 of 2017 () IN WP(C).15893/2017
2. STATE OF KERALA REPRESENTED BY THE REVENUE SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, BY GOVERNMENT PLEADER, HIGH COURT OF KERALA, ERNAKULAM-682031.
BY GOVERNMENT PLEADER M.R.DHANIL BY SMT.LATHA ANAND
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 22-06-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rvs.
DEVAN RAMACHANDRAN, J.
Dated this the 22nd day of June, 2017
O R D E R
This review petition is taken up for final hearing at the consent of the counsel on both sides. On an examination of the averments contained in the R.P., it is obvious that what is sought for by the petitioner is an extension of time for the purpose of
honouring the orders of installment granted by this Court in the judgment. This is obviously not an issue that can be considered
or ordered in a review petition. The petitioner will have to make appropriate applications in the writ petition, if desirous of asking for extension of time.
In such view of the matter and reserving liberty to the petitioner to approach this Court in the W.P.(C) with appropriate applications, this R.P. is dismissed.
Sd/DEVAN RAMACHANDRAN JUDGE
sd
// True Copy // P.A. to Judge
1 issue framed by the court
Whether a review petition is maintainable for seeking an extension of time to honour interim orders.
M/S.INTERGRATED RUBAIN EXPORTS LIMITED
AZKHAR ABDUL HAMEED
T.M.IMTHIAZ
T.M.MUHAMMED KUTTY
K.K.KHADEEJA
T.M.SANIYA
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
