Raj Traders vs. Bank Of Baroda
Held
The Court held that the original writ petition did not consider the manner or sequence of property sales, and the current submissions were not tenable. It found no reason to entertain the review petition, deeming it an attempt to re-hear the writ petition, and noted that remedies for property sale were already reserved.
Facts
The petitioner sought review of a judgment dated 08.04.2022, contending that the Court was not informed that properties of respondents 7 and 8 had already been attached and directed to be sold. The original writ petition had sought to shift an attachment from the petitioner's property to that of respondents 7 and 8.
Key Issues
The key issue was whether the original judgment, which addressed shifting property attachment, required review due to the Court allegedly not being informed about prior attachments on other properties, and whether the original writ petition's scope included determining the sequence of property sales.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 24TH DAY OF JULY 2024 / 2ND SRAVANA, 1946 RP NO. 418 OF 2024 AGAINST THE JUDGMENT DATED 08.04.2022 IN WP(C) NO.12435 OF 2022 REVIEW PETITIONER: RAJ TRADERS, AGED 34 YEARS OPPOSITE FEDERAL BANK MANNACHERI REPRESENTED BY ITS MANAGING PARTNER MR. JANNATHUL FIRDOUSE, PIN – 688538 BY ADV ANOOP ELIAS RESPONDENTS: 1 BANK OF BARODA, ROSARB, PALLIMUKKU, M.G ROAD, ERNAKULAM DISTRICT, REPRESENTED BY ITS CHIEF MANAGER, PIN – 682016 2 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF TAXES SECRETARIAT, THIRUVANANTHAPURAM-, PIN – 695001 3 DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, ALAPPUZHA, PIN – 688001 4 TAHASILDAR, REVENUE RECOVERY, AMBALAPUZHA, KIDANGAPARAMBAU, ALAPPUZHA-, PIN – 688013 5 SUB REGISTRAR, MARRARIKULAM SUB REGISTRAR OFFICE, MARRARIKULAM P.O, ALAPPUZHA DISTRICT-, PIN – 688522 6 VILLAGE OFFICER, MANNANCHERRY VILLAGE, MANNANCHERRY P.O, ALAPPUZHA DISTRICT-, PIN – 688538 7 M.GOPALAKRISHNA PILLAI, AGED 70 YEARS S/O BHASKARA PANICKER, PULIMOOTTIL BUILDING, MANNANCHERY P.O, ALAPPUZHA DISTRICT-688 PRESENTLY AT PATHMASREE HOUSE, POLLETHAI
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