Allowed

Lissy Jacob v. Chief Manager and Authorized Officer and

Kerala HC18 Mar 2010RP/276/2010

Case brief

AI extract

What is this about?

In a review petition filed due to an inadvertent clerical mistake by counsel regarding the withdrawal period of a cheque, the High Court of Kerala held that the litigant should not suffer for the counsel's error. The court recalled the earlier order and restored the writ petition to the file.

What did the court decide?

The judgment dated 03/03/2010 is recalled and the Writ Petition No. 33289 of 2008 is restored to file.

Lissy Jacob Vs Chief Manager and Authorized Officer and — Banking and Recovery | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON

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THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931

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RP.No. 276 of 2010(K)

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--------------------- ( AGAINST THE JUDGEMENT IN WPC.33289/2008 Dated 03/03/2010)

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REVIEW PETITIONER/ PETITIONER

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LISSY JACOB, AGED 67 YEARS, W/O.LATE JOSEPH, KOOTUNGAL HOUSE, PANAMBUKADU P.O., COCHIN-682 504.

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BY ADV. SRI.PEEYUS A.KOTTAM

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RESPONDENTS/RESPONDENTS & ADDL.RESPONDENT NO.5.:

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CHIEF MANAGER AND AUTHORIZED OFFICER, FEDERAL BANK LTD., BRANCH ALUVA, BANK JN., IST FLOOR, FEDERAL HEIGHTS, ALUVA-683 010, KERALA.

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MANAGER, FEDERAL BANK LTD., BRANCH ALUVA, BANK JN., IST FLOOR, FEDERAL HEIGHTS, ALUVA-683 101, KERALA.

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P.G.PETER, S/O.P.V.GEORGE, PALLIPANATH HOUSE, SN PURAM, THYKKATTUKARA P.O., ALUVA-683 106.

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P.M.SHYLAJA, W/O.P.G.PETER, PALLIPANATH HOUSE, SN PURAM, THYKKATTUKARA P.O., ALUVA-683 106.

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ADDL.R5. STATION HOUSE OFFICER,

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ALUVA POLICE STATION.

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R1 AND R2 BY SRI.K.K.CHANDRAN PILLAI ,SC. R3 AND R34 BY ADV. SRI.P.SHAIJAN JOSEPH ADDL.R5 BY GOVERNMENT PLEADER MR. BIJOY CHANDRAN.

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 18/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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P.R. RAMACHANDRA MENON, J.

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R.P. 276 OF 2010

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W.P(C) 33289 OF 2008

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......................................................................... Dated this the 18^th March, 2010

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O R D E R

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The Review Petition has been filed stating that there occurred a vital error/mistake on the part of the junior Counsel who made the representation on behalf of the petitioner . When the matter was taken up for consideration on 03.03.2010, it was submitted by the learned junior Counsel that the petitioner was ready and willing to clear the liability 'within 15 days', which undertaking was recorded and the matter was disposed of, with a default clause, reserving the rights and liberties of the respondent Bank to proceed against the petitioner, if so necessitated..

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It is now pointed out that the instruction given to the leanred junior Counsel was to make submission as to the willingness of the petitioner to clear the entire liability 'within 15 months' and not 'within 15 days' and that the mistake has cast huge liability upon the petitioner, which was never intended and hence sought to be reviewed

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R.P. 276 OF 2010

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Heard the learned Counsel for the respondent Bank as

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well.

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Considering the facts and circumstances, this Court finds that it may not be proper to mulct the liability upon the junior Counsel, who made an 'inadvertent mistake' in understanding the requirement of the petitioner and making appropriate representation. Even other wise , if any mistake is commited by the Counsel, the same need not be taken to the disadvantage of the litigant.

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In the said circumstances, this Court finds that the Review Petition can be allowed. Accordingly, the judgment passed by this Court on 03.03.2010 is recalled and the Writ Petition is restored to file.

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P.R. RAMACHANDRA MENON, JUDGE.

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Lissy Jacob v. Chief Manager and Authorized Officer and

Case brief

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Lissy Jacob v. Chief Manager and Authorized Officer and

Case brief

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