Tagore Educational Trust v. The Authorized Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 19TH DAY OF OCTOBER 2015/27TH ASWINA, 1937 RP.No. 865 of 2015 (E) ----------------------------------- (AGAINST THE JUDGMENT IN WP(C).NO. 35246/2014 DATED 8/01/2015) --------------- REVIEW PETITIONER/PETITIONER:

------------------------------------------------------ M/S.TAGORE EDUCATIONAL TRUST, SANTHIVILA, NEMOM P.O., THIRUVANANTHAPURAM-695 020, REPRESENTED BY ITS SECRETARY, JAYASANKAR PRASAD A.R., AGED 40 YEARS, S/O.DR.VELLAYANI ARJUNAN, SREEMAHAL, VELLAYANI, NEMOM P.O., THIRUVANANTHAPURAM-685 020. BY ADVS.SRI.SUMAN CHAKRAVARTHY SMT.K.R.RIJA RESPONDENT(S)/RESPONDENTS:

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1. THE AUTHORIZED OFFICER, FEDERAL BANK LTD., ZONAL OFFICE, MG ROAD, THIRUVANANTHAPURAM-695 001.

2. THE FEDERAL BANK LTD., REPRESENTED BY ITS SENIOR MANAGER, ZONAL OFFICE, MG ROAD, THIRUVANANTHAPURAM-695 001.

BY ADV.SRI.A.ANTONY,SC THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 19-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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R.P.NO.865/2015 APPENDIX PETITIONER'S ANNEXURES:

ANNEX A COPY OF THE STATEMENT OF CASH CREDIT LOAN.

ANNEX B COPY OF THE STATEMENT OF LOAN ACCOUNT 2838.

ANNEX C COPY OF THE STATEMENT OF ACCOUNTS 2846 ANNEX D COPY OF THE RECEIPT DATED 18/09/15.

RESPONDENT'S ANNEXURES:

NIL /TRUE COPY/ P.A.TO JUDGE sts

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. ............................................................. Dated this the 19th day of October, 2015

O R D E R

The review petition is filed seeking a review of the judgment dated 08.01.2015 whereby the petitioner was directed to pay an amount of Rs.5 lakhs on or before 15.03.2015 and the balance overdue amount of Rs.64,65,000/- in 10 equal and successive monthly instalments commencing from 20.04.2015 and to continue to pay the monthly instalments in respect of the term loan as contemplated in the original loan schedule as a condition for stay of recovery of an amount of Rs.69,65,000/- that was due from the petitioner when the writ petition was filed. In the review petition, the petitioner submits that as against the amounts directed to be paid the petitioner could pay only an amount of Rs.34,27,000/- and in the review petition what is sought is further time to comply with the directions in the judgment.

2. I have heard the learned counsel for the review petitioner and the learned Standing Counsel appearing on behalf of the respondent bank.

3. On a consideration of the facts and circumstances of the case and the submissions made across the bar, I find that there was no substantial compliance with the directions in the earlier judgment dated 08.01.2015. Accordingly, I see no merit in the review petition. The review petition therefore fails and is accordingly dismissed.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE mns/19.10.15 //true copy// P.A To Judge