The High Court of Kerala dismissed a review petition filed to challenge an order calling for a review itself. The petitioner argued that observations in the order prejudiced consumer forum proceedings, but the Court held the subject matters were different.
Review petition dismissed
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
TUESDAY, THE 26TH DAY OF JUNE 2012/5TH ASHADHA 1934
RP.No. 534 of 2012 IN WPC. 33423/2011
AGAINST THE ORDER IN IA.NO.5912/2012 IN WPC.33423/2011 DATED 21-05-2012
PETITIONER/PETITIONER(S):
ABDUL SHAHAD. P. M., AGED 45 YEARS S/O.MOHAMMED HAJI PAZHANGADI HOUSE THOTTUMUKHAM P.O. ALUVA EAST VILLAGE, ALUVA TALUK
BY ADVS.SRI.SIRAJ KAROLY SMT.A.SEENA
RESPONDENTS/RESPONDENT(S):
1. THE CHIEF MANAGER, STATE BANK OF TRAVANCORE ALUVA, CHATHOLIC CENTRE, RAILWAY STATION ROAD ALUVA - 683 101
2. THE MANAGER, UNITED INDIA INSURANCE CO.LTD, DIVISIONAL OFFICE, ALUVA - 683 101
BY ADV. SRI. SATHISH NINAN, SC, SBT
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 26-06-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
DCS
RP.No. 534 of 2012
APPENDIX
PETITIONER(S) ANNEXURE :-
ANNEXURE. 1 COPY OF THE LETTER DATED 8.3.2012 RECEIVED BY THE PETITIONER ANNEXURE. 2 COPY OF THE LETTER DATED 10.03.2012 ISSUED BY THE PETITIONER TO THE IST RESPONDENT ANNEXURE. 3 COPY OF THE PETITION FILED BY THE PETITIONER IN C.C. NO. 233 OF 2012 BEFORE THE HON'BLE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM ANNEXURE. 4 COPY OF THE INTERLOCUTORY APPLICATION DATED 2.6.2012
RESPONDENTS' ANNEXURE :- NIL
/TRUE COPY/
P.A. TO JUDGE
DCS
ANTONY DOMINIC, J.
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RP.No.534/2012 in W.P.(C) NO.33423/2011 -----------------------------------------------------------Dated this the 26th day of June, 2012
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O R D E R
The review petition has been filed seeking review of the order in I.A.No.5912/2012 in writ petition(c).No.33423/2011. According to the petitioner the observations made by this court in the order in I.A.No.5912/2012 will prejudice him in the proceedings in CC.No.233/2012 filed by him before the Consumer Disputes Redressal Forum, Ernakulam. In the order in I.A, this court has only modified the judgment dated 3.1.2012, and held that, for the reasons stated therein, the Bank can proceed with the recovery of its dues, in so far as it related to the business loan availed by the petitioner.
Review petition fails and is dismissed.
(ANTONY DOMINIC)
JUDGE
vi
2 issues framed by the court
Whether a review petition can be admitted where the review sought to be prefixed on an order calling for a review.
Whether the observations made in the impugned order prejudice the petitioner in the consumer forum proceedings.
ABDUL SHAHAD. P. M.
THE CHIEF MANAGER, STATE BANK OF TRAVANCORE
THE MANAGER, UNITED INDIA INSURANCE CO.LTD
ANTONY DOMINIC
As recorded by the court registry
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