This is a review petition under RP No.1144 of 2023 against a single judge judgment in WP(C) No.29398/2023 regarding a bank loan dispute. The Court found no error apparent on the face of record and dismissed the review petition.
Review petition dismissed as it was found to be without merit with no error apparent on the face of record.
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 DINESH KUMAR SINGH
TUESDAY, THE 7TH DAY OF NOVEMBER 2023 / 16TH KARTHIKA, 1945
RP NO. 1144 OF 2023
AGAINST THE JUDGMENT WP(C) 29398/2023 DATED 08.09.2023 ON THE
FILES OF HIGH COURT OF KERALA
REVIEW PETITIONER/PETITIONER:
SONI VARGHESE
AGED 42 YEARS
SON OF VARGHESE, ELANJIPILLY HOUSE, KEEZHADOOR DESOM,
MELADOOR POST, MUKUNDAPURAM TALUK, THRISSUR DISTRICT,
KERALA STATE., PIN - 680741
BY ADVS.
SHIBIN K.F.
SEBY JOSEPH
RESPONDENTS/1ST RESPONDENT :
1THE SOUTH INDIAN BANK LTD.
SIB HOUSE, T.B. ROAD, MISSION QUARTERS, THRISSUR
DISTRICT, KERALA STATE. REPRESENTED BY ITS AUTHORISED
OFFICER., PIN - 680001
2THE CHIEF MANAGER
THE REGIONAL OFFICE OF THE SOUTH INDIAN BANK LTD.,
VI/950- C&D, APK CENTRE, CHRIST COLLEGE ROAD, CHRIST
NAGAR, IRINJALAKUDA, THRISSUR DISTRICT, KERALA STATE.,
PIN - 680125
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
07.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP No.1144 of 2023
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JUDGMENT
Dated this the 7th day of November, 2023
The present Review petition has been filed seeking review of the judgment dated 08.09.2023, passed in W.P.(C.) No.29398 of 2023. Though the said judgment was passed on the statement made on the behalf of the petitioner, the petitioner choose to challenge the said order by filing W.A No.1759/2023. The said W.A stands withdrawn by the judgment dated 09.10.2023 passed by the Division Bench.
“2. The learned counsel for the 1st respondent submits that the total outstanding amount is Rs.2,05,40,934/- and the loan account was classified as Non-Performing Asset way back on 29.06.2021. The learned counsel for the petitioner submits that the petitioner is augmenting his resources to make payment of the outstanding loan amount. It is further submitted that the petitioner could be granted some time to make payment of Rs.50 lakhs and may be permitted to approach the Bank for One Time Settlement or make re-scheduling the payment of the remaining amount.
3. The learned counsel for the respondent-Bank submits that the petitioner may be granted some more
RP No.1144 of 2023
3
time to make payment of Rs.50 lakhs and after making such payment, the petitioner may approach the Bank for appropriate reliefs. The Bank will consider the request of the petitioner and will take a decision on the said request.
4. Considering the aforesaid submission and the facts and circumstances of the case, the petitioner is directed to make payment of Rs.50 lakhs on or before 30.09.2023. After making such payment, the petitioner shall approach the Bank for appropriate relief of One Time Settlement/rescheduling the payment of the remaining loan amount and the bank shall take appropriate decision on the request of the petitioner within a period of two weeks thereafter. If the petitioner makes payment of Rs.50 lakhs on or before 30.09.2023 and makes a request to the Bank, further proceedings pursuant to Ext.P1 shall be kept in abeyance till the Bank takes a decision on the request of the petitioner. “
Sd/-
DINESH KUMAR SINGH
JUDGE
A
1 issue framed by the court
Whether there is any error apparent on the face of the record in the judgment dated 08.09.2023 in WP(C) No.29398/2023 warranting a review.
SONI VARGHESE
THE SOUTH INDIAN BANK LTD.
THE CHIEF MANAGER
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court