Review petition challenging a writ order granting interim relief in a bank loan dispute. Court dismissed, holding defense installment delay is not reviewable ground and High Court should not interfere in loan transactions.
Review petition fails and is dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 25TH DAY OF MAY 2023 / 4TH JYAISHTA, 1945
RP NO. 460 OF 2023
AGAINST THE JUDGMENT DATED 24.03.2023 IN WP(C) 10557/2023 OF HIGH COURT
OF KERALA
REVIEW PETITIONERS/PETITIONERS:
1 ARUN.H. AGED 35 YEARS S/O HARIKUMAR, ARUN NIVAS, PARUTHIVLA LANE, THOPPUMUKKU, VATTIYOORKAVU.P.O., THIRUVANANTHAPURAM 695013, REPRESENTED BY POWER OF ATTORNEY HOLDER, HARIKUMAR.B., AGED 46, S/O BALAKRISHNAN, KRISHNA SARAS, PORIYAM, ELAVATTOM.P.O., KURUPUZHA, NEDUMANGAD, THIRUVANANTHAPURAM, PIN – 695 562
2 SURYAKRISHNA AGED 27 YEARS D/O RAMANI, S.R. MANDIRAM, AYAKKADU, KOTHAKULANGARA.P.O., THIRUVANANTHAPURAM 695 561, REPRESENTED BY POWER OF ATTORNEY HOLDER, HARIKUMAR.B., AGED 46, S/O BALAKRISHNAN, KRISHNA SARAS, PORIYAM, ELAVATTOM.P.O., KURUPUZHA, NEDUMANGAD, THIRUVANANTHAPURAM, PIN – 695 562
BY ADVS. A.S.SHAMMY RAJ P.SINDHU
RESPONDENTS/RESPONDENTS:
1 AXIS BANK, REPRESENTED BY ITS MANAGER TRIVANDRUM BRANCH, 2ND FLOOR, NIHAL COMPLEX, KARAMANA.P.O., THIRUVANANTHAPURAM, PIN – 695 502
2 AUTHORIZED OFFICER AXIS BANK, 2ND FLOOR, NIHAL COMPLEX, KARAMANA.P.O., THIRUVANANTHAPURAM, PIN – 695 502
BY ADV P.PAULOCHAN ANTONY, SC
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 25.05.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP NO. 460 OF 2023
2
T.R.RAVI, J.
----------------------------------------
RP No.460 of 2023
in
WP(C) No.10557 of 2023
Dated this the 25thday of May, 2023
ORDER
The Review Petition is filed seeking variation of the
judgment and granting more time to pay off the amounts due.
The above reason cannot be taken as a ground for
review of the judgment. The Hon'ble Supreme Court has in
several decisions reiterated that the High Courts should not
interfere in matters relating to amounts due under a loan
transaction with a Bank. This Court had granted relief
exercising its discretionary power under Article 226. No
further indulgence can be granted on the basis of the reason
stated in the Review Petition.
Review Petition fails and is dismissed.
Sd/-
T.R.RAVI
JUDGE
sn
1 issue framed by the court
Whether the delay in payment of loan amount is a valid ground for review of judgment in a writ petition.
Arun.H.
Suryakrishna
Axis Bank
T.Ravi
As recorded by the court registry
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