High CourtsSingle Bench(2022) 11 KL CK 0258

Bibin vs Thrissur Urban Co Operative Bank Ltd

High Court Of Kerala · Decided on 22 November 2022

HON’BLE JUDGES
Gopinath P, J
RESULT
Disposed Of
CASE NUMBER
Review Petition No. 1087 Of 2022

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Judgment

5 paragraphs · 233 words

Gopinath P, J

1.

This review petition has been filed praying that a further direction may be issued to the effect that the period during which the Writ Petition No.31771 of 2022 was pending before this Court, may be excluded while considering the period of limitation within which the petitioner had to challenge the proceedings before the Debts Recovery Tribunal under Section 17 of the SARFAESI Act.

2.

Learned counsel appearing for the respondent bank is right in pointing out that there is no error apparent on the face of the record and it is not proper for the petitioner to find mistakes with the submissions made by the learned counsel, who was representing the review petitioner at that point of time.

3.

Having considered the submission as above and as a matter of indulgence and since this Court has been excluding the period during which writ petitions were pending before this Court, for the purpose of calculating the period of limitation within which the borrower has to approach the Debts Recovery Tribunal, it is clarified that the period from 10.10.2022 to 03.11.2022 shall be excluded for the purposes of determining the period within which the petitioner had to file an application under Section 17 of the SARFAESI Act to challenge the proceedings initiated by the respondent bank under the provisions of the SARFAESI Act.

The review petition is disposed of as above.