Dismissed

Binu.T v. Karamana Co-Operative Urban Bank Ltd.

Kerala HC19 Jun 2023RP/298/2023

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a review petition filed by a borrower challenging a writ judgment. The petitioner sought application of a subsequent Government One Time Settlement Scheme, holding it as a fresh ground rather than an error apparent on the face of the record.

What did the court decide?

The review petition was dismissed as meritless without any order on the substantive prayer.

Binu.T Vs Karamana Co-Operative Urban Bank Ltd. — Banking and Recovery | Kerala HC (2023)

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RP No.298 of 2023

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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 C.S.DIAS

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MONDAY, THE 19TH DAY OF JUNE 2023 / 29TH JYAISHTA, 1945

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RP NO. 298 OF 2023

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AGAINST THE ORDER/JUDGMENT IN WP(C) 3943/2021 OF HIGH COURT OF

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KERALA

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REVIEW PETITIONER/S:

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BINU.T
AGED 47 YEARS
S/O.THANKAN, TC 19/1095, THERIVILA VEEDU, KAMARAJ
RESIDENCE, THAMALAM, POOJAPPURA P.O,
THIRUVANANTHAPURAM., PIN - 695004

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BY ADV LATHEESH SEBASTIAN

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RESPONDENT/S:

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1 KARAMANA CO-OPERATIVE URBAN BANK LTD NO.1761, KARAMANA P.O., THIRUVANANTHAPURAM REPRESENTED BY ITS GENERAL MANAGER, PIN - 695002

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2 AUTHORIZED OFFICER UNDER THE SARFAESI ACT, THIRUVANANTHAPURAM COOPERATIVE URBAN BANK LTD. NO.1761, KARAMANA P.O, THIRUVANANTHAPURAM, PIN - 695002

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3 THE BRANCH MANAGER MAIN BRANCH KARAMANA CO-OPERATIVE URBAN BANK LTD. NO.1761, KARAMANA P.O, THIRUVANANTHAPURAM, PIN - 695002

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BY ADV R.S.KALKURA

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
19.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

RP No.298 of 2023

C.S DIAS,J.

RP No.298 of 2023

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----------------------------Dated this the 19^th day of June, 2023^.

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ORDER

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The review petition is filed to review the judgment dated 23.2.2021 passed by this Court in WP(C)

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3943/2021.

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The review petitioner’s case is that he had filed

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the above writ petition for a direction to the respondents

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to permit him to pay off the outstanding amount in ten equated monthly instalments. The petitioner has remitted two instalments in compliance with the directions in the said judgment. Now, the Government

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of Kerala has sanctioned a One Time Settlement Scheme till 31.3.2023, which is binding on the

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RP No.298 of 2023

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respondents. Therefore, the petitioner may be given the

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benefit of the said circular. Hence, the review petition.

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Heard; Sri.Latheesh Sebastian, the learned

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counsel appearing for the review petitioner and Sri.R.S Kalkura, the learned counsel appearing for the respondents.

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The petitioner has filed the review petition for

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the reason that subsequent to the pronouncement of the judgment, the Government has sanctioned a scheme for one time settlement, which the respondents are bound to

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extend to the petitioner. Therefore, the judgment may be reviewed.

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It is settled that a judgment can be reviewed

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only if there is an error apparent on the face of record.

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The petitioner cannot expand the scope of the review

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RP No.298 of 2023

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petition by bringing new matters subsequent to the passing of the judgment.

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A reading of the review petition shows that the petitioner wants the scheme to be extended to him and not because there is any error in the judgment. I am

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afraid, the review petition does not fall within the parameters of the review jurisdiction of this Court. There is no error apparent on the face of the judgment

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warranting interference by this Court.

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Resultantly, the review petition is dismissed as

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meritless.

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SD/-

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sks/19.6.2023 C.S.DIAS, JUDGE

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RP No.298 of 2023

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APPENDIX OF RP 298/2023

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PETITIONER ANNEXURES
Annexure1TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD
RESPONDENT DATED 26.03.2021
Annexure2TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD
RESPONDENT DATED 22.04.2021
Annexure3TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD
RESPONDENT DATED 22.04.2021
Annexure4TRUE COPY OF THE NOTICE OF THE ADVOCATE
COMMISSIONER DATED 25.02.2023, WHICH WAS
SERVED ON THE PETITIONER ON 01.03.2023

Binu.T v. Karamana Co-Operative Urban Bank Ltd.

Case brief

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Binu.T v. Karamana Co-Operative Urban Bank Ltd.

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