Kerala High Court
K. Kuttaguptan vs The Canara Bank on 1 September, 2022
Bench: Alexander Thomas, Mary Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
Thursday, the 1st day of September 2022 / 10 th Bhadra, 1944
CM.APPL.NO.1/2022 IN RP NO. 461 OF 2022
AGAINST JUDGMENT DATED 06/12/2017 IN WA NO.60/2010 OF THIS COURT
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PETITIONER/REVIEW PETITIONER:
K. KUTTAGUPTAN, AGED 73 YEARS, S/O.APPUGUPTAN, KUNIYANGITTIL HOUSE,
CHETHALUR, MANNARKKAD, PALAKKAD DISTRICT. 678583
RESPONDENTS/RESPONDENTS:
1. THE CANARA BANK, REPRESENTED BY ITS MANAGER, SULTANPET BRANCH,
PALAKKAD DISTRICT-641669.
2. SRI.T.S.VIJAYAN,S/O.SRI. T S ASOKAN, R/O.85, CHANDRA NAGAR,
PALAKKAD- 678 007.
3. SMT.SANDHYA ASOKAN , W/O.T.S.ASOKAN, CHANDRANAGAR,, PALAKKAD
DISTRICT- 678 007.
4. THE RECOVERY OFFICER, D.R.T., PANAMPILLY NAGAR, ERNAKULAM-682 036.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to condone the delay
of 1967 days in filing the above Review Petition.
This Application coming on for orders on 01/09/2022 upon perusing
the application and the affidavit filed in support thereof and upon
hearing the arguments of M/S. P.CHANDRASEKHAR, K.K.MOHAMED RAVUF,
C.S.ULLAS & SATHEESH V.T., Advocates for the petitioner and of SRI.MANU
S., ASSISTANT SOLICITOR GENERAL OF INDIA for the respondent 4, the court
passed the following:
P.T.O.
ALEXANDER THOMAS & MARY JOSEPH, JJ.
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C.M.A. No. 1/2022 in R.P.No. 461/2022
[Arising out of the judgment dated 6.12.2017 in W.A.No. 60 of 2010]
& R.P.No. 199/2018
[Arising out of the judgment dated 6.12.2017 in W.A.No. 60 of 2010]
==================
Dated this the 1st day of September, 2022
ORDER
C.M. Appln. No. 1/2022 in R.P.No. 461/2022 & R.P.No. 461/2022:
This is an application to condone the delay of 1967 days in filing the present R.P.No. 461/2022. The respondents the above C.M. Appln./respondents in the R.P.No. 461/2022 may file their counter affidavit or objections to the above delay condonation application well before the next posting date.
Sri.P.Chandrasekhar, learned counsel appearing for the Review Petitioner in R.P.No.461/2022/writ appellant submits that an amount of Rs. 20 lakhs was deposited by the petitioner herein/ appellant vide demand draft DD No.347095 dated 23.1.2010 drawn from the Federal Bank, Karinkal Athani before the Debts Recovery Tribunal, Ernakulam, on 25.1.2010 in compliance with the conditional order passed by the Division Bench of this Court on 20.1.2010 in the writ appeal and that the said amount has not been withdrawn. Hence it is urged by the learned counsel for the Review Petitioner herein/ writ appellant that the finding made in para No.11
- : 2 :-
of the impugned judgment dated 6.12.2017 rendered by the Division Bench of this Court in the present W.A.No.60/2010 that no amounts whatsoever have been deposited by the petitioner herein is factually wrong, etc. The Registry of this Court will immediately get a report from the Debts Recovery Tribunal, Ernakulam, who dealt with DRC No.1463 and O.A.No.202 of 2001 as to whether the petitioner herein/ appellant has deposited the said an amount of Rs.20 lakhs with the Tribunal on 25.1.2010 and as to whether the amount has been withdrawn or whether it is still lying as deposit with the Tribunal. Report in this regard shall be duly submitted by the DRT, Ernakulam, within 10 days.
List the RP along with R.P.No. 199/2018 as and when moved. R.P.No. 199/2018:
List the above R.P. along with R.P.No. 461/2022 as and when moved.
H/O. Sd/-
ALEXANDER THOMAS, JUDGE Sd/-
MARY JOSEPH, JUDGE sdk+ 01-09-2022 /True Copy/ Assistant Registrar