BIBIN Vs. THRISSUR URBAN CO OPERATIVE BANK LTD

JUDGEMENT

(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 Sec. 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 3/11/2022 shall be excluded for the purposes of determining the period within which the petitioner had to file an application under Sec. 17 of the SARFAESI Act to challenge the proceedings initiated by the respondent bank under the provisions of the SARFAESI Act.