Dismissed

Balakrishnan Nambiar v. the State of Kerala

Kerala HC21 Jan 2021RP/32/2021

Case brief

AI extract

What is this about?

In this review petition, the Kerala High Court dismissed the application. The Court clarified that while the prior judgment foreclosed remedies against the impugned measure, subsequent bank actions under the SARFAESI Act create fresh causes of action.

What did the court decide?

The review petition is closed with the clarification that subsequent measures under the SARFAESI Act create fresh causes of action.

Balakrishnan Nambiar Vs the State of Kerala — Banking and Recovery | Kerala HC (2021)

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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 DEVAN RAMACHANDRAN

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THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942

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RP.No.32 OF 2021 IN WP(C). 6130/2019

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AGAINST THE JUDGMENT IN WP(C) 6130/2019(M) DATED 19.03.2019

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REVIEW PETITIONERS/PETITIONERS:

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1 BALAKRISHNAN NAMBIAR, AGED 74 YEARS S/O K.P.SANKARA KURUP, RESIDING AT KIZHAKKE MAMBAYIL HOUSE, POST THIRUVALLOOR-673 541. KOZHIKODE DISTRICT

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2 DEVI AMMA, W/O BALAKRISHNAN NAMBIAR, RESIDING AT KIZHAKKE MAMBAYIL HOUSE, POST THIRUVALLOOR-673 541. KOZHIKODE DISTRICT

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BY ADV. SRI.VARGHESE C.KURIAKOSE

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RESPONDENTS/RESPONDENTS:

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1 THE STATE OF KERALA REP BY ITS SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE AUTHORISED OFFICER, KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD, KALLAI ROAD, CALICUT-673 002, KOZHIKODE DISTRICT

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3 THE BRANCH MANAGER, KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD, THIRUVALLOOR BRANCH, POST THIRUVALLOOR-673 541, VADAKARA, KOZHIKODE DISTRICT

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4 THE KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD, KALLAI ROAD, CALICUT-673 002, KOZHIKODE DISTRICT, REP BY ITS SENIOR MANAGER .

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5 SHRI P.P.RAMESH, S/O BALAKRISHNAN NAMBIAR, RESIDING AT KIZHAKKE MAMBAYIL HOUSE, POST THIRUVALLOOR-673 541. VADAKARA, KOZHIKODE DISTRICT

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SRI. P.C.SASIDHARAN - SC,

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RP 32/21

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SRI. MATHEW GEORGE VADAKKEL - SR.GP

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THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 21.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

RP 32/21

ORDER

This petition seeking review of the

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judgment dated 19.03.2019 has been filed saying

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that the order of this Court - that the petitioner will be foreclosed from challenging the measures taken by the Bank under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest

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Act ('the SARFAESI Act' for brevity), if the directions therein are not complied with -

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causes irreparable hardship and in fact, denies to him his rightful remedies under law.

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2. Even when I hear Sri.Varghese C.

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Kuriakose – learned counsel for the petitioner,

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on the afore lines, I fail to understand why his client should have approached this Court at all because it is clear from my judgment what

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has been foreclosed is the remedy of the petitioner against the measure that is impugned in the Writ Petition and not against the

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RP 32/21

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measures that will be taken by the Bank in future. This is pertinent because it is wellsettled that every measure taken by the Bank under the SARFAESI Act creates a fresh cause of action; and obviously, therefore, even if the petitioner is foreclosed from challenging the measures impugned in the Writ Petition, he would not be so with respect to the measures taken by the Bank subsequently.

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In the afore circumstances, I do not find any reason to entertain this Review Petition and it is, therefore, closed with the afore

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clarification.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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Balakrishnan Nambiar v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Balakrishnan Nambiar v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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