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The Manager, State Bank of Mysore v. Saji P.Mathew

Kerala HC22 Jun 2011RP/427/2011

Case brief

AI extract

What is this about?

Review petition filed by a bank challenging an order in a writ petition concerning debt clearance. The court modified the original order to reduce the clearance period from six months to three months based on the petitioner's erroneously recorded submission.

What did the court decide?

The verdict passed on 02-06-2011 was modified; the petitioner must clear the entire outstanding liability within three months instead of six months as previously ordered.

The Manager, State Bank of Mysore Vs Saji P.Mathew — Consumer Protection | Kerala HC (2011)

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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 WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933

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RP.No. 427 of 2011()

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-----------------------------AGAINST THE JUDGEMENT/ORDER IN WPC.4836/2011 Dated 02/06/2011

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REVIEW PETITIONER(S): RESPONDENT

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----------------------------------------------------------

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THE MANAGER, STATE BANK OF MYSORE, KOTTAYAM BRANCH,VEETEEL ESTATE, KANJIKUZHI P.O, MUTTAMBALAM, KOTTAYAM 686 004.

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BY ADV. SMT.A.SREEKALA

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RESPONDENT(S): PETITIONER

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----------------------------------------------

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SAJI P.MATHEW, S/O.P.T.MATHEW, PROPRIETOR, M/S. PEETEEYEM TRADERS, CSI SHOPPING CENTRE,KANJIKUZHI, KOTTAYAM.

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BY ADV.SRI.C.P.PEETHAMBARAN

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 22/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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P.R.RAMACHANDRA MENON, J.

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R.P No.427 of 2011

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Dated this the 22^nd day of June, 2011

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ORDER

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The respondent Bank in the Writ Petition has filed this Review Petition, stating that, the submission made by the learned counsel for the Bank (when the matter was disposed of on 02-06-2011) happened to be wrongly recorded. The submission actually stated as made by the learned counsel was that the Bank was having no objection in granting the relief for clearing the outstanding liability by way of 'six equal monthly instalments' and not to have the entire liability discharged within six months.

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Heard the learned counsel appearing for the review petitioner Bank, as well as the learned counsel appearing for the writ petitioner.

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The learned counsel for the writ petitioner submits that, after filing the Writ Petition, the petitioner has effected payment of a sum of Rs. 5 lakhs on 27-05-2011, besides the amount of nearly Rs.13,83,813/- which was adjusted from the Fixed Deposit, as brought to the notice of this Court by filing I.A No.8066/2011. It is stated that earnest steps have been taken to complete the sale of one item of property, which will generate

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R.P No.427 of 2011

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much more amount than necessary to wipe off the entire liability, simultaneously, assuring that the entire liability as aforesaid will be cleared within 'three months'.

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The learned counsel for the respondent Bank submits that the outstanding liability is above Rs.81 lakhs.

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Considering the facts and circumstances, the verdict already passed by this Court will stand modified to the extent that the petitioner shall clear the entire outstanding liability within 'three months' instead of 'six months', as assured and on default, the consequences as sated in the judgment will follow. The verdict passed on 02-06-2011 will stand modified to the said limited extent.

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The Review Petition is disposed of.

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P.R.RAMACHANDRA MENON, JUDGE

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vdv

The Manager, State Bank of Mysore v. Saji P.Mathew

Case brief

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The Manager, State Bank of Mysore v. Saji P.Mathew

Case brief

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