IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 RP.No. 461 of 2010(Y) --------------------- AGAINST THE JUDGEMENT IN WPC.27298/2008 Dated 04/11/2009 .................... REVIEW PETITIONER(S): PETITIONER -------------------------------- K.S.MOHANAN, KANYADATH HOUSE, UDAYAMPEROOR P.O., ERNAKULAM. BY ADV. SRI.SOORAJ T.ELENJICKAL RESPONDENT(S): RESPONDENTS -------------------------- 1. DEWAN HOUSING FINANCE CORPORATION LTD., 2ND FLOOR, CHANDRIKA BUILDING, M.G.ROAD, KOCHI, REPRESENTED BY ITS AUTHORISED OFFICER. 2. THE MANAGER, DEWAN HOUSING FINANCE CORPORATION LTD., 1ST FLOOR, K.M.M.BUILDINGS, PALARIVATTOM, COCHIN-25. 3. THE DISTRICT COLLECTOR, ERNAKULAM. 4. THE TAHSILDAR, KANAYANNUR. 5. THE COMMISSIONER OF POLICE, CITY OF COCHIN. ADV.SRI.VARGHESE C.KURIAKOSE, STANDING COUNSEL THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 04/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ Review Petition No.461 of 2010 ------------------------------ Dated this the 4th day of June, 2010 O R D E R ---------------- 1. Learned counsel for the review petitioner submits that, inspite of compliance of the directions contained in judgment dt.4.11.2009 the respondent Bank is not furnishing balance statement with correct figures and the payments made are not given due credits. According to the petitioner, the observations contained in paragraph 6 of the judgment precluding the petitioner from raising any subsequent challenge against proceedings if any pursued by the Bank, is resulting in prejudice to him under the above mentioned circumstances. 2. Learned standing counsel appearing for the Bank opposes the statement and submitted that the balance statements are issued as per the true and correct account maintained by the Bank. 3. However, in this Review Petition it is not proper for this court to adjudicate on correctness of the above said RP.461/2010 -2- dispute. The Review Petition is disposed of clarifying that the petitioner will be at liberty to challenge coercive proceedings if any initiated by the Bank, before the appropriate forum under law, if he is aggrieved by correctness of the balance amount outstanding payment. C.K.ABDUL REHIM, JUDGE. okb