This court reviewed a prior judgment pronounced on 17.12.2013 which was passed without hearing the petitioner. The court held that the review petition must be allowed to pass a fresh judgment hearing the party.
The review petition is allowed to pass a fresh judgment in the original petition number.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
WEDNESDAY, THE 22ND DAY OF JANUARY 2014/2ND MAGHA, 1935
RP.No. 24 of 2014 () IN OP(C).4524/2013
IN OP(C) 4524/2013 of HIGH COURT OF KERALA DATED 17-12-2013
REVIEW PETITIONER(S)/RESPONDENT NO.1.:
MUTHOOT VEHICLE AND ASSETS FINANCE LTD., MUTHOOT CHAMBERS, 2ND FLOOR, KURIAN TOWERS BANERJI ROAD, ERNAKULAM REPRESENTED BY ASSISTANT MANAGER, MADHU.E., AGED 36 YEARS S/O.KELAPPAN, EDAVATH HOUSE, KARAYAD P.O. MEPPAYUR VIA., CALICUT.
BY ADVS.SRI.C.S.MANILAL SRI.S.NIDHEESH
RESPONDENT(S)/PETITIONERS & RESPONDENT NO.2.:
1. ABOOBACKER.M.P., S/O.MOIDEEN KOYA, HAFSA MANZIL, KODAMANAPARAMBU ELATHOOR P.O., KOZHIKODE-673303.
2. SULFIKAR.M.V., S/O.MUHAMMED KOYA, HAFSA MANZIL, KODAMANAPARAMBU ELATHOOR P.O., KOZHIKODE-673303.
3. RUCHILA.K.,
4. THE ARBITRATOR (THOMAS.T.VARGHESE), 57/3535, T.D. ROAD, ERNAKULAM-682011.
R BY SRI.K.A.SALIL NARAYANAN
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 22-01-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.No. 24 of 201 (O) IN OP(C).4524/2013
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE -I : TRUE COPY OF THE POSTAL RECEIPT.
RESPONDENT'S EXHIBITS: NIL
// true copy // PA to Judge das
N.K.BALAKRISHNAN, J.
========================== R.P. No. 24 of 2014
in
O.P.(C). No. 4524 of 2013
=================================== Dated this the 22nd day of January, 2014
ORDER
Since the judgment was pronounced by this court on 17.12.2013 without hearing the petitioner herein, the said
judgment is reviewed so as to pass a fresh judgment in
the OP.
The RP is allowed accordingly.
Sd/- N.K.BALAKRISHNAN, JUDGE
das
// True copy //
PA to Judge
1 issue framed by the court
Whether the review petition should be allowed because the original judgment was pronounced without hearing the petitioner.
MUTHOOT VEHICLE AND ASSETS FINANCE LTD., ... REPRESENTED BY ... MADHU.E.
ABOOBACKER.M.P.
SULFIKAR.M.V.
RUCHILA.K.
THE ARBITRATOR (THOMAS.T.VARGHESE)
N.K.BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
