Allowed

Abraham Paul v. the Federal Bank Ltd.

Kerala HC25 Nov 2019FAO/26/2017

Case brief

AI extract

What is this about?

Appeal in civil case where parties reached a settlement. Court allowed the appeal on consent, set aside the impugned order dismissing application to set aside ex-parte decree, and recalled the unsigned judgment. No substantive legal reasoning provided.

What did the court decide?

Impugned order dismissing application to set aside ex-parte decree set aside; unsigned judgment recalled; appeal allowed on consent.

Abraham Paul Vs the Federal Bank Ltd. — Execution and Attachment | Kerala HC (2019)

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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 K.HARILAL

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THE HONOURABLE MR.JUSTICE C.S.DIAS

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MONDAY, THE 25TH DAY OF NOVEMBER 2019 / 4TH AGRAHAYANA, 1941

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FAO.No.26 OF 2017

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AGAINST THE ORDER IN I.A. NO.5485/2015 IN OS 441/2010 OF PRINCIPAL SUB COURT,ERNAKULAM

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APPELLANT/PETITIONER/DEFENDANT:

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1 ABRAHAM PAUL ,AGED 63 YEARS, S/O.T.I.PAUL, THYKKENATH HOUSE, VIKAS NAGAR, KADAVANTHRA, ERNAKULAM.(DIED, LRs IMPLEADED)

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ADDITIONAL APPELLANTS

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2 ANNIE ABRAHAM,W/O.LATE ABRAHAM PAUL, AGED 61 YEARS, S/O.T.I.PAUL, THECKENATH HOUSE, VIKAS NAGAR, KADAVANTHRA,ERNAKULAM, KOCHI-682 020.

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3 ANJU ABRAHAM,W/O.JOJI THOMAS,AGED 35 YEARS, CMC-4,NEAR POOTHOTTA BRIDGE, CHERTHALA-688 524.

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1.3 ANUJ ABRAHAM, AGED 32 YEARS, S/O.LATE ABRAHAM PAUL, RESIDING AT 936,JURONG WEST STREET 91, # 09-361,SINGAPORE-640 936.

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1.4 AJUN ABRAHAM,S/O.LATE ABRAHAM PAUL, AGED 29 YEARS,ROOM-46,SURYA APARTMENT, NEAR CMS SCHOOL,GANAPATHY,COIMBATORE, TAMIL NADU-641 006.

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ADDITIONAL APPELLANTS 2 TO 5 ARE IMPLEADED AS THE LEGAL HEIRS OF THE DECEASED APPELLANT NO. 1 AS PER ORDER DATED 19.09.2019 IN I.A.NO.1/2019.

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BY ADVS. SRI.A.BALAGOPALAN SRI.M.N.MANMADAN SRI.A.RAJAGOPALAN

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FAO.No.26 OF 2017 2

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RESPONDENT/RESPONDENT/PLAINTIFF:

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THE FEDERAL BANK LTD HAVING REGISTERED OFFICE AT ALUVA AND BRANCH OFFICE AT WILLINGTON ISLAND, KOCHI-3, REP. BY SENIOR MANAGER. PIN - 682 003

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R1 BY ADV. KUM.ANAGHA LAKSHMY RAMAN R1 BY ADV. SRI.LEGITH T.KOTTAKKAL R1 BY ADV. SRI.S.VINOD BHAT

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THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 25.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

FAO.No.26 OF 2017 3

JUDGMENT

C.S.DIAS, J.

The appellant, who is the defendant in O.S.No.441/2010 on the files of the Court of the

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Subordinate Judge, Ernakulam, is aggrieved by the order dated 29.06.2016 in I.A No.5485/2015,

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dismissing his application to set aside the exparte decree.

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We had finally heard the appeal on merits and dictated the judgment in open Court, but had not signed the same.

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The counsel for the appellant and respondent then submitted that there was a possibility of the case being settled between them

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and that the respondent would file a memo to the effect.

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Accordingly, a memo dated 25.11.2019 was filed by the learned counsel for the respondent

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FAO.No.26 OF 2017 4

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along with Annexure R1(a) communication from the respondent bank, stating that the respondent has no objection in the appeal being allowed as a settlement has been arrived between the parties.

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The memo filed by the counsel for the respondent is recorded and the appeal is allowed on consent. Consequentially the impugned order passed in I.A. No.5485/2015 in O.S. No.441/2010 by the Court of the Subordinate Judge, Ernakulam, is set aside. The judgment pronounced by us on 19.11.2019, but not signed, is recalled.

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In the result, the FAO No.26/2017 is allowed.

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Sd/K.HARILAL, JUDGE.

Sd/-

C.S.DIAS, JUDGE.

ajt

FAO.No.26 OF 2017 5

APPENDIX

RESPONDENT'S EXHIBITS

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ANNEXURE R1(a) - COPY OF THE LETTER SENT BY THE RESPONDENT TO THE COUNSEL BY E-MAIL ON 21.11.2019

Abraham Paul v. the Federal Bank Ltd.

Case brief

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Abraham Paul v. the Federal Bank Ltd.

Case brief

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