In this review petition, the High Court of Kerala dismissed the plea to review a judgment directing the petitioner-petitioner to repay a housing loan overdraft. The court found no apparent error and noted the petitioner lacked bonafides after defaulting on installments.
Review petition dismissed with no orders as to costs.
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 BECHU KURIAN THOMAS
FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
RP NO. 70 OF 2023
AGAINST THE ORDER/JUDGMENT WP(C) 7105/2022 OF HIGH COURT OF KERALA
REVIEW PETITIONER/PETITIONER:
K.P. HASSAN
AGED 64 YEARS
S/O. ALAVI MUSLIYAR, KALATHUPADIKKALL HOUSE,
CHALAVARA. P.O., PALAKKAD DISTRICT, PIN – 679 505
BY ADV U.K.DEVIDAS
RESPONDENT/RESPONDENT:
CANARA BANK
CHALAVARA BRANCH, CHALAVARA. P.O.,
PALAKKAD DISTRICT, PIN - 679505
REP. BY ITS CHIEF MANAGER (AUTHORISED OFFICER)
BY ADVS.
Gopikrishnan Nambiar M
K.JOHN MATHAI(K/413/1984)
JOSON MANAVALAN(J-526)
KURYAN THOMAS(K/131/2003)
PAULOSE C. ABRAHAM(MAH/58/2006)
RAJA KANNAN(K/356/2008)
PRANOY HARILAL(K/931/2018)
OTHER PRESENT:
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION
ON 14.07.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
RP No. 70 of 2023 in W.P.(C) NO.7105 of 2022
2
BECHU KURIAN THOMAS, J.
==============================
RP No. 70 of 2023 in W.P.(C) NO.7105 of 2022
-------------------------------------------------- Dated this the 14h day of July 2023
ORDER
The petitioner seeks for review of Judgment dated 18.10.2022. As per the Judgment, petitioner was directed to pay the overdue amount of Rs.53,22,000/- in 15 equated monthly installments, commencing from 18.11.2022 and also directed to continue to pay the regular EMIs.
RP No. 70 of 2023 in W.P.(C) NO.7105 of 2022
3
the amount. Since I have already found that there is no error apparent on
the face of records in the judgment under review, and there are no bonafides in the conduct of the petitioners as observed earlier, there are no
merits in the contentions advanced seeking review of the Judgment.
Hence the review petition is dismissed.
sd/
BECHU KURIAN THOMAS JUDGE
jm/
RP No. 70 of 2023 in W.P.(C) NO.7105 of 2022
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APPENDIX OF RP 70/2023
PETITIONER ANNEXURES
Annexure A1TRUE COPY OF THE COUNTERFOIL FOR THE
PAYMENT OF RS.3,55,000/- ON 16.11.2022
BEFORE THE RESPONDENT BANK
Annexure A2TRUE COPY OF THE COUNTERFOIL FOR THE
PAYMENT OF RS.3,56,000/- ON 03.01.2023
BEFORE THE RESPONDENT BANK
RESPONDENT ANNEXURES
Annexure R1 (a)True copy of the statement of account
of Petitioners housing Loan.
PETITIONER ANNEXURES
Annexure A3TRUE COPY OF THE COUNTERFOIL FOR THE
PAYMENT OF RS.3,56,000/- ON 17.01.2023
BEFORE THE RESPONDENT BANK
2 issues framed by the court
Whether the review petition, filed by defaulting a borrower granted installments, has any merits given lack of bonafides.
Whether any error is apparent on the face of records in the impugned judgment directing repayment of loan dues.
K.P. HASSAN
CANARA BANK
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court