Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 22ND DAY OF DECEMBER 2023 / 1ST POUSHA, 1945 RP NO. 1257 OF 2022 AGAINST THE ORDER/JUDGMENT WP(C) 24608/2022 OF HIGH COURT OF KERALA REVIEW PETITIONER/S:
THANKAMMA V.K.
AGED 70 YEARS W/O. PADMANABHAN M., SREEKAILAS HOUSE, MOONJELY JUNCTION, WEST CHALAKUDY, THRISSUR, PIN - 680307 BY ADVS.
E.V.MOLY GEORGE POONTHOTTAM (SR.)(K/000570/1979) RESPONDENT/S:
SOUTH INDIAN BANK REP. BY ITS AUTHORIZED OFFICER REGIONAL OFFICE, VI/950 -C & D, AKP CENTRE, CHRIST COLLEGE ROAD, CHRIST NAGAR, IRINJALAKKUDA, PIN - 680125 BY ADV SUNIL SHANKER THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 22.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP No.1257/2022 -2- O R D E R Heard Sri. George Poonthottam, learned Senior counsel appearing for the review petitioner on the instructions of Adv. E.V. Moly for the petitioner and Sri. Sunil Shankar, learned counsel appearing for the respondent bank.
2.
Having heard the learned Senior Counsel for the review petitioner and the learned counsel for the respondent bank, I find no ground made out for review of the judgment dated 03-08-2022 in W.P (C) No.24608/2022.
That apart, it appears that on the petitioner failing to comply with the terms on which the petitioner was permitted to clear the liability in installments by this court (through orders in the judgment sought to be reviewed) the bank continued with the proceedings under the SARFAESI Act and the petitioner had approached the Debts Recovery Tribunal and the petition / petitions filed by the petitioner have been dismissed by the Debts Recovery Tribunal. The petitioner also filed a fresh writ petition before this court which was subsequently withdrawn (See paragraph 4 of the counter affidavit dated 24- 11-2023 filed by the Bank in the review petition).
The review petition is therefore dismissed.
Sd/- GOPINATH P.
JUDGE AMG
RP No.1257/2022 -3- APPENDIX OF RP 1257/2022 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE NOTICE DATED 07.12.2022 ISSUED BY THE ADVOCATE COMMISSIONER Annexure A2 THE TRUE COPY OF THE JUDGMENT IN WPC.38474/2022 DATED 20.12.2022 Annexure A3 THE TRUE COPY OF THE SAID SALE NOTICE DATED 21.12.2022 Annexure A4 THE TRUE COPY OF THE ACCOUNT STATEMENT RELATING TO THE CC ACCOUNT FOR THE PAST ONE YEAR Annexure A1 THE TRUE COPY OF THE LOAN ACCOUNT STATEMENT PERTAINING TO COVID LOAN & CCOL FOR PERIOD FROM 14.11.2022 TO 13.11.2023 Annexure A6 THE TRUE COPY OF THE AUDITED BALANCE SHEET INCLUDE FORM 3CB-3CD OF FINANCIAL YEAR 2020-2021 Annexure A6(1) THE TRUE COPY OF THE AUDITED BALANCE SHEET INCLUDE FORM 3CB-3CD OF FINANCIAL YEAR 2021-2022 Annexure A6(2) THE TRUE COPY OF THE AUDITED BALANCE SHEET INCLUDE FORM 3CB-3CD OF FINANCIAL YEAR 2022-2023 Annexure A 7 THE TRUE COPY OF THE PROVISIONAL BALANCE SHEET Annexure A7(1) THE TRUE COPY OF THE ESTIMATED BALANCE SHEET Annexure A7(2) THE TRUE COPY OF THE PROJECTED BALANCE SHEET Annexure A8 THE TRUE COPY OF THE GST REGISTRATION CERTIFICATE Annexure A8(1) THE TRUE COPY OF THE FORM GSTR-3B IN MARCH 2022- 23 FILED BY THE PETITIONER Annexure A8(2) THE TRUE COPY OF THE FORM GSTR-3B IN AUGUST 2023-2024 FILED BY THE PETITIONER Annexure A9 THE TRUE COPY OF UDYAM CERTIFICATE
RP No.1257/2022 -4- Annexure A9(1) THE TRUE COPY OF THE TRADE LICENSE RENEWAL 2023- 2024 Annexure A9(2) THE TRUE COPY OF THE PCB CERTIFICATE ISSUED BY POLLUTION CONTROL BOARD Annexure A10 THE TRUE COPY OF THE ACCOUNT STATEMENT FOR OPERATION OF BUSINESS THROUGH PUNJAB NATIONAL BANK Annexure A11 THE TRUE COPY OF THE ECLGS SCHEME OPERATIONAL GUIDELINES UPDATED AS ON OCTOBER 06, 2022