JACOB P.A. Vs. CANARA BANK

JUDGEMENT

(1.) This application is filed by the review petitioner to condone the delay of 6096 days in preferring the above review petition, which is filed to review the order in CMP No.1794/2001 in CMA No.128/2001.

(2.) The petitioner has filed an affidavit in support of the application, asserting that he had conducted the cases bearing Nos.O.P 19181/2001, O.S 906/2000, O.P. 38237/2001, R.P. 1071/2009 in A.S 313/2002, S.L.P. 32068-32070/2012 which was converted to Civil Appeal No.7295-7297/2013, E.A 1539/2013 in E.P No.47/1999 in O.S 95/1985, O.P.862/2015, W.P.341/2016, R.P 3486/2016 in W.P. 341/2016 and Curative Petition D.559/2017. In view of conducting of the above cases, the petitioner has not shown any negligence to file the review petition. Hence the delay may be condoned.

(3.) The application is opposed by the 1st respondent, who has filed a detailed counter affidavit. The 1st respondent has averred that the petitioner had filed numerous cases against the respondent bank. Finally the disputes between the parties were settled before the Hon'ble Supreme Court, therefore, the present application is not maintainable. It is an abuse of process of law. The petitioner who failed to repay a loan availed from the bank suffered a decree. The decree has become final. As per Ext.R1(a) order dated 29.8.2013 passed by the Hon'ble Supreme Court in Civil Appeal Nos.7295-7297/2013, it is recorded that all disputes between the petitioner and the 1 st respondent would stand closed, and the proceedings, if any, pending before any Forum would stand withdrawn, and the allegations raised against the Canara Bank and its officials would stand expunged. Accordingly, the appeals were disposed of. Subsequently, the petitioner filed W.P(C) No.341/2016 which was dismissed by the Hon'ble Supreme Court by Annexure P-36 order dated 18.7.2016. Then RP(C) 3486/2016 was dismissed as per Annexure P-39 order, and Curative Petition(C)D No.559/2017 was also dismissed as per Annexure P-40 order dated 10.7.2019. Hence the above application may be dismissed.