Dismissed

S.K. Haridasan v. Union of India

Kerala HC17 Sept 2018RP/377/2018

Case brief

AI extract

What is this about?

The Kerala High Court dismissed a review petition challenging a writ petition that was dismissed for non-maintainability against a private sector bank. The court held that the grounds urged were matters on merits and did not satisfy the legal requirements for a review.

What did the court decide?

Review petition dismissed as grounds did not warrant review under Order 47 Rule 1 and Section 114 CPC.

S.K. Haridasan Vs Union of India — Civil Procedure and Limitation | Kerala HC (2018)

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R.P.No.377/2018 in wpc.4615/13

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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MONDAY ,THE 17TH DAY OF SEPTEMBER 2018 / 26TH BHADRA, 1940

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RP.No. 377 of 2018 IN WP(C). 4615/2013

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REVIEW PETITIONER/S:PETITIONERS

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1 S.K. HARIDASAN, SWARGATH MADHOM, NEAR KRISHNA CLINIC, THIRUVANCHIKULAM, KODUNGALLOOR, PIN – 680 664.

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2 N.RADHAKRISHNA MALLAYA, NARASIMHA NIVAS, DEVASWOM PARAMBIL, CHERAI.P.O, PIN – 683 514.

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3 KUMARI GOURI, MANJERI KOVILAKOM, THOTTEKKATTU LANE, POONKUNNAM, THRISSUR, PIN-680 002.

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4 M.K.RAJENDRA SARMA, MANIYOOR MADHOM, MANOJ VIHAR, THIRUVANCHIKULAM, KODUNGALLOOR, PIN – 680 664.

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5 S.A.SACHIDANANDA BALIGA, 12/591A, `USHUS', MANTHRA ROAD, PANDIKUDY, KOCHI-682 002.

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6 G.VENKITESWARA PRABHU, ALUNGAL HOUSE, CHERTHALA, PIN – 688 524.

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R.P.No.377/2018 in wpc.4615/13

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7 U.RAGHU PRASAD, UNNIPARAMBATH HOUSE, FLAT b1, THRYSAM APARTMENT, NEAR OVAL PALACE, SREENIVASAN KOVIL ROAD, NEAR KANNANKULANGARA TEMPLE, THRIPUNITHURA-682 301. 8 L.SANKARANANDA BHAT, 8/138, R.G.PAI ROPAD, SOUTH CHERLAI, KOCHI – 682 002.

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9 MURALEEDHARAN.N. KAUSTHUBHAM, KOKKOTHAMANGALAM.P.O, CHERTHALA-688 524.

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10 R.SUBRAMANIAN, `SOBHA', XXV/123, CHACHU CHAKKIOR ROAD, IRINJALAKUDA, PIN-680 121.

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11 P.H.GOPALAKRISHNAN, `PARARATH', PADAMANGALAM ROAD, NORTH – WEST CORNER OF VALAVANAD TEMPLE, MARUTHORVATTOM.P.O, CHERTHALA – 688 524.

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12 M.N.MADANAN, MOORKANAD HOUSE, SRINGAPURAM, KODUNGALLOOR, PIN – 680 664.

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13 PRAKASH RAO K.S., 690, 12TH CROSS, 1ST `A' MAIN, 7TH BLOCK WEST, JAYANAGAR, BANGALORE – 560 070. 14 K.C.VIJAYAN, KOONIYARA HOUSE, POONKUNNAM.P.O THRISSUR DISTRICT, PIN – 680 002. 15 V.MARALEEDHARAN, KRISHNA, T.D.NAGAR – 113, CUTCHERRY.P.O, KOLLAM, PIN – 691 013. BY ADVS. SRI.KURIAN GEORGE KANNANTHANAM (SR.) SRI.TONY GEORGE KANNANTHANAM

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R.P.No.377/2018 in wpc.4615/13

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RESPONDENT/S:RESPONDENTS

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1 UNION OF INDIA, REPRESENTED BY ITS JOINT SECRETARY (BO), DEPARTMENT OF FINANCIAL SERVICES, MINISTRY OF FINANCE, ROOM NO.32, JEEVAN DEEP BUILDING, PARLIAMENT STREET, NEW DELHI – 110 001.

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2 HDFC BANK LIMITED, HAVING ITS REGISTERED OFFICE AT HDFC BANK HOUSE, SENAPATI BAPAT MARG, LOWER PAREL, MUMBAI – 400 013, REPRESENTED BY ITS MANAGING DIRECTOR.

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3 RINDIAN BANKS ASSOCIATION, WORLD TRADE CENTRE, 6TH FLOOR, CENTRE 1 BUILDING, WORLD TRADE CENTRE COMPLEX, CUFFE PARADE, MUMBAI – 400 005, REPRESENTED BY ITS CHAIRMAN.

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BY ADVS. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL SMT.MARIAM MATHAI SRI.N.NAGARESH ASSISTANT SOLICITOR GENERAL SRI.SAJI VARGHESE

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 17.09.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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R.P.No.377/2018 in wpc.4615/13

P.V.ASHA, J.

R.P.No.377 of 2018

in W.P(C) No.4615 of 2013-B

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Dated this the 17^th day of September, 2018

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JUDGMENT

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The Review Petition is filed by the petitioners on the ground that the relief was sought in the writ petition against respondents 1 and 3 also and that the respondents did not have a case that no writ would lie against respondents 1 and 3.

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The writ petition was dismissed observing that the 2^nd respondent is a private sector bank and hence no writ petition will lie.

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The grounds urged in the Review Petition are all matters on merits and if the petitioners are aggrieved, they are free to take up the matter with the appropriate forum. No grounds are raised in tune with the provision under Order 47 Rule 1 read with Section 114 of the Code of Civil Procedure, warranting a review of the judgment dated 15.2.2018 in W.P(c).No.4615 of 2013

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Accordingly, the Review Petition is dismissed.

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Sd/-

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(P.V.ASHA, JUDGE)

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rtr/

S.K. Haridasan v. Union of India

Case brief

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S.K. Haridasan v. Union of India

Case brief

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