Disposed

Abdul Razak v. the State Bank of India

Kerala HC15 Jan 2024RP/5/2024

Case brief

AI extract

What is this about?

Review petition seeking extension of time to pay loan dues under earlier instalment directions in a writ petition against State Bank of India. The court found no ground for review or modification but as a last chance permitted payment of the outstanding amount with interest and costs in three equal monthly instalments.

What did the court decide?

Petitioner permitted to remit Rs.31,61,074/- (after credits) with accrued interest and costs in three equal monthly instalments due 31.01.2024, 28.02.2024 and 27.03.2024; no further extension.

Abdul Razak Vs the State Bank of India — Banking and Recovery | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶4

MONDAY, THE 15TH DAY OF JANUARY 2024 / 25TH POUSHA, 1945

¶5

RP NO. 5 OF 2024

¶6

AGAINST THE JUDGMENT DATED 17.10.2022 IN WP(C) 28608/2022 OF HIGH COURT OF KERALA

¶7

REVIEW PETITIONER/PETITIONER:

¶8

ABDUL RAZAK,
AGED 52 YEARS,

¶9

PALLATH HOUSE, THOTTAKKARA, OTTAPPALAM, PALAKKAD
DISTRICT, PIN – 679 102.

¶10

BY ADV BINOY VASUDEVAN

¶11

RESPONDENTS:

¶12

1 THE STATE BANK OF INDIA, PB BRANCH, T.B.ROAD, OTTAPPALAM, REPRESENTED BY ITS MANAGER, PIN – 679 101.

¶13

2 THE AUTHORISED OFFICER, STATE BANK OF INDIA LTD., ARMB BRANCH, R.S.BUILDING, M.G.ROAD, ERNAKULAM, PIN – 682 011.

¶14

SRI. TOM K THOMAS (SC)

¶15

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
15.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

RP NO. 5 OF 2024

JUDGMENT

This Review Petition is essentially an application for extension of time, to comply with the direction of this Court in W.P (C)No.28608 of 2022.

¶20

The learned counsel appearing for the respondent Bank refers to the counter affidavit filed in this Court to state that absolutely no ground is made out for extension of time. It is submitted that for the present, the action of the Bank is restricted to the commercial building and not against the residential property belonging to the petitioner. It is submitted that, as on date, the total amount payable by the petitioner is Rs.31,61,074/-.

¶21

The learned counsel appearing for the petitioner would submit that an amount of Rs.2,00,000/- has been paid by the petitioner on 09.01.2024.

¶22

Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent Bank, I am clear in my mind that the petitioner has not made out any case for review of the judgment or for modification of the conditions imposed by this Court while granting instalments

¶23

RP NO. 5 OF 2024

¶24

¶25

to the petitioner. However, as a last chance and purely as a matter of indulgence and considering the fact that the petitioner has paid around Rs.20 lakhs towards the loan liability after the judgment of this Court in W.P.(C)No.28608 of 2022, this Review Petition will stand disposed of permitting the petitioner to remit a sum of Rs.31,61,074/- (after giving credit to any payments made by the petitioner) together with any accrued interest and costs, in three equal monthly instalments. The first instalment shall be paid on or before 31.01.2024, the 2^nd instalment shall be paid on or before 28.02.2024 and the 3^rd instalment shall be paid on or before 27.03.2024. It is made clear that no further extension of time will be granted under any circumstances.

¶26

The Review Petition will stand disposed of as above.

Sd/GOPINATH P. JUDGE

RP NO. 5 OF 2024

APPENDIX OF RP 5/2024

¶32

PETITIONER ANNEXURES

¶33

Annexure 1TRUE COPY OF THE STATEMENT OF
ACCOUNTS IN THE LOAN ACCOUNT ISSUED
BY THE RESPONDENT DATED 1-12-2023

¶34

Annexure 2TRUE COPY OF THE NOTICE DATED 28-11-
2023 ISSUED BY THE CHIEF JUDICIAL
MAGISTRATE COURT, PALAKKAD

¶35

RESPONDENT EXHIBITS

¶36

EXHIBIT R2(A)TRUE COPY OF THE LETTER DATED
04.01.2024 ISSUED BY THE PETITIONER
TO THE ADVOCATE COMMISSIONER

Abdul Razak v. the State Bank of India

Case brief

What is this about?

What did the court decide?

Abdul Razak v. the State Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Dr. Santhosh S.S Vs State of Kerala

Arun Kumar M.P. Vs Union of India

Dhanya Club Mele Kodakkad Vs the Superintendent of Police

Hameed K Vs the State of Kerala

P.M. Fazil Vs Anilkumar

A.Jabbar Ali Vs Palakkad Municipality