The court allowed a review petition filed by Syndicate Bank. The bank sought recall of a prior judgment due to an error in the calculated total outstanding loan amount. The court recalled the original judgment and allowed the review.
Recall of the judgment dated 07.12.2015 to correct the mistake in the total outstanding loan amount.
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 A.K.JAYASANKARAN NAMBIAR
MONDAY, THE 23RD DAY OF MAY 2016/2ND JYAISHTA, 1938
RP.NO. 1227 OF 2015 (H) IN WP(C).35277/2015
AGAINST THE JUDGMENT IN WP(C) 35277/2015 DATED 07-12-2015
REVIEW PETITIONER(S)/RESPONDENTS IN W.P.(C) NO.35277/2015:
1. SYNDICATE BANK
REPRESENTED BY CHIEF MANAGER (AUTHORIZED OFFICER), REGIONAL OFFICE, PIONEER TOWER, 1ST FLOOR,
SHANMUGAM ROAD, ERNAKULAM-682001.
2. BRANCH MANAGER
BY ADV. SRI.C.AJITH KUMAR
RESPONDENT(S)/PETITIONER IN W.P.(C) NO.35277/2015.:
PRASANNAKUMARI W/O.K.K.PRADEEP KUMAR, 18/1586,
BETHEL, THOPPUMPADY, KOCHI-682005.
BY SRI.P.CHANDRASEKHAR
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
23-05-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
A.K.JAYASANKARAN NAMBIAR, J. ............................................................. R.P.No.1227 of 2015 in W.P.(C).No.35277 of 2015
............................................................. Dated this the 23rd day of May, 2016
O R D E R
The review petition is filed on the ground that in the judgment dated 07.12.2015, the amount of Rs.6,81,442/- mentioned was taken as the total outstanding amount in respect of the three loans that had been availed by the writ petitioner. It is the submission of learned Standing counsel for the Review Petitioner bank that the amount was wrongly shown as the total outstanding amount whereas in fact the said amount was the amount required for regularisation of the loan account and represented only the then defaulted loan amount. It is pointed out that pursuant to the judgment referred above, the writ petitioner remitted only two instalments, and thereafter, defaulted in the payment of subsequent instalments and the amount now required to be paid by the petitioner to regularise the loan account would be Rs.7,60,173/-. The total outstanding liability of the petitioner as on today is stated to be Rs.32,06,914/-.
R.P. No.1227 of 2015
-2-
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE
mns/23.05.16
2 issues framed by the court
Whether the judgment dated 07.12.2015 should be recalled due to a mistake in the total outstanding loan amount.
Whether the review petition is maintainable.
Syndicate Bank
Prasanakkumari W/o K.K. Pradeep Kumar
A.K. Jayasankaran Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
