The High Court of Kerala allowed a review petition seeking to recall a judgment dated 14.11.2017 due to factual errors. The court agreed to modify the judgment to correct the mistaken record of the petitioner giving an undertaking and the terms imposed on her.
Review petition allowed and the judgment dated 14.11.2017 recalled to be modified.
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
THURSDAY, THE 14TH DAY OF DECEMBER 2017/23RD AGRAHAYANA, 1939
RP.No. 1062 of 2017 ()
WP(C) 35028/2017 of THIS HONOURABLE COURT
REVIEW PETITIONER/PETITIONER:
KUNHAYISHA
AGED 66 YEARS, W/O. SEETHI KELOTH HOUSE, PURAKKAD P.O, MELADI VIA KOZHIKODE - 673 522
BY ADVS.SRI.SANTHARAM.P SMT.REKHA ARAVIND
SRI.K.A.MOHAMED HARIS
RESPONDENTS/RESPONDENTS :
1. AXIS BANK LTD ASSET SALES CENTRE, 1ST FLOOR, CITY PLAZA'YMCA CROSS ROAD, KOZHIKODE, REPRESENTED BY AUTHORIZED OFFICER/ SENIOR MANAGER PIN 673 001
2. SHANAVASKELOTH S/O. SEETHI, KELOTH HOUSE, PURAKKAD P.O, MELADI VIA, KOZHIKODE 673 522
R1 BY SRI.P.PAULOCHAN ANTONY, SC,
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 14-12-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
A.K.JAYASANKARAN NAMBIAR, J.
R.P.No.1062 of 2017
in
W.P.(C) No.35028 of 2017
O R D E R
This review petition has been filed seeking a review of the judgment dated 14.11.2017 on the ground that, while recording the submission of counsel for the respondent bank, it was erroneously noted that the petitioner had given an undertaking that an amount of Rs.5,00,000/- will be paid on or before 15.11.2017. It is the case of the petitioner herein that the said undertaking was not given by the petitioner, but by the 2nd respondent, who is the son of the petitioner and a co-applicant as regards the loan taken from the respondent bank. It is also the case of the petitioner that the terms imposed in the said judgment are onerous, and the petitioner, who is a widow, will not be in a position to pay the amounts as directed in the judgment dated 14.11.2017.
Taking note of the submission of the learned counsel for the review petitioner, and finding that the judgment dated 14.11.2017 needs to be modified to correct the factual mistakes that crept into the judgment, I allow the review petition and recall the judgment.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE
sm/
2 issues framed by the court
Whether the judgment dated 14.11.2017 should be modified to correct factual errors regarding the undertaking for payment of amount and the imposition of onerous terms.
Whether the review petitioner, who is a widow, would be in a position to pay the amounts directed in the impugned judgment.
KUNHAYISHA
AXIS BANK LTD ASSET SALES CENTRE
SHANAVASKELOTH S/O. SEETHI
A.K.JAYASANKARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
