Allowed

Abhilash.C.a v. the Authorized Officer

Kerala HC1 Nov 2016RP/911/2016

Case brief

AI extract

What is this about?

This brief review petition challenged a judgment directing payment of the entire overdue amount. The High Court allowed the petition, correcting the error apparent on the face of the record to reflect the agreement for 10 monthly installments, and recalled the judgment.

What did the court decide?

The judgment dated 5/10/2016 is recalled and the review petition is allowed to correct the payment direction.

Abhilash.C.a Vs the Authorized Officer — Banking and Recovery | Kerala HC (2016)

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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 A.M.SHAFFIQUE

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TUESDAY, THE 1ST DAY OF NOVEMBER 2016/10TH KARTHIKA, 1938 RP.No. 911 of 2016 () ---------------------WP(C) 32236/2016 of THIS HON'BLE COURT

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REVIEW PETITIONER(S)/PETITIONERS :

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1. ABHILASH.C.A.,AGED 36 YEARS, S/O. ASOKAN, CHULLIYIL HOUSE, CHAPPARA, PULLOOT P.O., KODUNGALLOOR(VIA), PIN-680 663, KODUNGALLOOR TALUK, THRISSUR DISTRICT.

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2. RAMANI, AGED 57 YEARS, W/O. ASOKAN, CHULLIYIL HOUSE, CHAPPARA, PULLOOT P.O., KODUNGALLOOR(VIA), PIN-680 663, KODUNGALLOOR TALUK, THRISSUR DISTRICT.

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BY ADVS.SRI.O.V.MANIPRASAD SRI.JOSE ANTONY SRI.VINODE V. LUKA

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RESPONDENT(S)/RESPONDENTS :

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1. THE AUTHORIZED OFFICER (UNDER SARFAESI ACT), THE THRISSUR DISTRICT CO-OPERATIVE BANK LTD., SAHAKARANA SATHABDHI MANDIRAM, TUDA ROAD, KOVILAKATHUMPADAM, THIRUVAMBADI P.O., THRISSUR-680 022.

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2. THE BRANCH MANAGER, KODUNGALLOOR BRANCH, THRISSUR DISTRICT CO-OPERATIVE BANK LIMITED, KODUNGALLOOR P.O., THRISSUR DISTRICT-680 663.

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R1 BY ADV. SRI.GEORGE POONTHOTTAM, SC,

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 01-11-2016,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A.M. SHAFFIQUE, J.

===============

R.P.No.911 of 2016

W.P. (C) No. 32236 of 2016

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==================

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Dated this, the 1^st day of November, 2016

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O R D E R

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Heard the learned counsel for the review petitioners and the learned counsel for the respondents.

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Petitioners submit that there is an error apparent on

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the face of record in so far as they had only agreed to pay the overdue amount along with accrued interest in 10 equal monthly instalments whereas while delivering the judgment, direction was given to pay the entire amount.

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Having regard to the aforesaid factual situation, I am of the view that the judgment requires correction and accordingly, the review petition is allowed and judgment dated 5/10/2016 is recalled.

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Sd/- A.M. SHAFFIQUE, JUDGE

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Rp1/11/2016

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//True Copy//

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P.S to Judge

Abhilash.C.a v. the Authorized Officer

Case brief

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Abhilash.C.a v. the Authorized Officer

Case brief

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