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2023 Supreme(Online)(KER) 14589

HIGH COURT OF KERALA
C.S. DIAS, J
May Mary Rajesh – Appellant
Versus
THE AUTHORISED OFFICER – Respondent


Advocates:
LIJOY P.VARGHESE

ORDER

The review petition is filed to review the judgment in the writ petition.

2. The review petitioner’s case, in a nutshell, is that the writ petition was filed challenging the recovery proceedings initiated by the respondents under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (in short, ‘Act’). The request of the review petitioner was to regularise the loan accounts availed from the respondents and pay the overdue amount in instalments. Even though the review petitioner had directly approached the respondents with a similar request, the same was not considered. Hence, the review petitioner was constrained to file the writ petition. However, this Court ordered the outstanding amount to be paid in ten instalments. The review petitioner was liable to pay only the overdue amount because the loan accounts had a tenure of another ten years and the review petitioner’s business was operational. This Court mistook the term “loan outstanding” as a synonym for “loan overdue”. Instead of directing the payment of the overdue amount, this Court has directed the entire outstanding amount to be paid in ten instalments. Although the review pet

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