Kerala High Court
RP/502/2025 of NISHITHA MUSHAFA Vs THE AUTHORISED OFFICER on 10 April 2025
RP NO. 502 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 RP NO. 502 OF 2025 AGAINST THE JUDGMENT DATED 17.03.2025 IN WP(C) NO.45866 OF 2024 OF HIGH COURT OF KERALA REVIEW
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
RP NO. 502 OF 2025
AGAINST THE JUDGMENT DATED 17.03.2025 IN WP(C) NO.45866 OF
2024 OF HIGH COURT OF KERALA
REVIEW PETITIONER/PETITIONER:
NISHITHA MUSHAFA, AGED 35 YEARS
D/O MUHAMMED MUSTHAFA,
MELETHIL PUTHAN PURAKKAL, PATHAIKARA P.O., PERINTHALMANNA, MALAPPURAM., PIN - 679325
BY ADV AVM.SALAHUDIN
RESPONDENTS/RESPONDENTS:
THE AUTHORISED OFFICER,
URBAN CO-OPERATIVE BANK LTD., NO. 1758,
PATTAMBI ROAD, PERINTHALMANNA,
MALAPPURAM., PIN - 679377
THE URBAN CO-OPERATIVE BANK LTD.NO. 1758, PATTAMBI ROAD, PERINTHALMANNA, MALAPPURAM., PIN - 679377
MUHAMMED NAVAS , S/O. HAMZA,
KAKKOTH PARAKKAL HOUSE, P.O.
PATHAIKKARA, PERINTHALMANNA, MALAPPURAM., PIN - 679322
SAJAN MANI, MANAGING DIRECTOR,
M/S. MELFORD DEVELOPERS PVT. LTD., 27/609, MAHATMA GANDHI SQUARE, THODUPUZHA, PIN - 685584.
RES. ADDRESS: KANIYAR KUZHIYIL HOUSE,
KARIMKUNNAM .P.O., THODUPUZHA,
IDUKKI DISTRICT., PIN - 685586
SRI. U.K.DEVIDAS, SC
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ORDER
The writ petition filed by the petitioner as W.P.(C) No. 45886 of 2024 was dismissed as withdrawn on 17.03.2025, permitting the petitioner to avail statutory remedies.
2. Learned counsel appearing for the review petitioner would submit that the period during which the writ petition was pending before this Court (i.e, from 19.12.2024 till 17.03.2025) may be excluded for the purpose of determining any period of limitation within which the review petitioner had to avail statutory remedies. .
3. Having heard the learned counsel appearing for the review petitioner and the learned counsel appearing for the respondent bank and taking into consideration the provisions of Section 17 of the SARFAESI Act, I am of the view that the request made by the review petitioner is reasonable.
Hence the review petition will stand disposed of, directing that the period from 19.12.2024 till 17.03.2025 shall be excluded for the purpose of determining any period of limitation within which the petitioner had to avail statutory remedies. Sd/- GOPINATH P. , JUDGE ajt