Review Petition held that impugned judgment based on erroneous factual premise regarding bank submission on loan regularization. Judgment recalled. W.P.(C) restored for fresh disposal.
Impugned judgment dated 17.1.2020 in W.P.(C). 764/2020 reviewed, recalled and W.P.(C). restored for disposal afresh.
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 ALEXANDER THOMAS
WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2020 / 1ST ASWINA, 1942
RP.No.242 OF 2020 IN WP(C). 764/2020
AGAINST THE ORDER/JUDGMENT IN WP(C) 764/2020(U) OF HIGH COURT OF KERALA
REVIEW PETITIONER/S:
BY ADV. SRI.M.JITHESH MENON
RESPONDENT/S:
2 FASILA ABDUL SALAM, AGED 45 YEARS, W/O.P.K.ABDUL SALAM, HOUSE NO.CC1/1337, K.B.JACOB ROAD, NJALIPARAMBU, FORT KOCHI-682011, NOW RESIDING AT CC.12/808 A, KAPPALANDIMUKKU, MATTANCHERRY-682002.
OTHER PRESENT:
SMT.C.G.PREETHA & SRI.P.E.THOMAS
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 23.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
================== R.P.No. 242/2020 in W.P.(C).No. 764/2020
==================
Dated this the 23rd day of September, 2020
O R D E R
It is submitted by the learned counsel for the review
petitioners/respondents in the W.P.(C). (State Bank of India) that a mistake has occurred on the part of the said party by making submission in the above proceedings, which culminated in the impugned judgment dated 17.1.2020, that there are overdues to be paid by the petitioners for regularization of the loan account, whereas what was intended to be submitted by the bank was that the loan account is to be closed on the petitioners paying the total outstanding dues and that for that purpose, the bank is prepared to give last opportunity to the petitioners to clear the outstanding dues, so as to close the loan account, by clearing such dues in six monthly instalments and that after payment of the first instalment, the bank would certainly give interim custody of the seized vehicle to the petitioners subject to the other conditions.
In view of the abovesaid submissions it is observed that the said judgment is based on an erroneous factual premise on account of the said erroneous factual submission made by the State Bank of India as
RP 242/20 - : 3 :-
the respondent in the W.P.(C). Accordingly, the impugned judgment dated 17.1.2020 in W.P.(C).No. 764/2020 will stand reviewed and recalled and W.P.(C). is restored to the file of this Court for disposal afresh.
With these observations and directions, the above Review Petition stands disposed of.
sdk+
Sd/- ALEXANDER THOMAS, JUDGE
2 issues framed by the court
Whether Review Petition filed against judgment in WP(C). 764/2020 is maintainable on grounds of clerical/factual error in facts recorded in impugned judgment.
Whether judgment in WP(C). 764/2020 should be recalled and case restored for fresh disposal due to erroneous factual premise in bank's submission.
STATE BANK OF INDIA REPRESENTED BY ITS BRANCH MANAGER MATTANCHERRY REPRESENTED BY THE AUTHORISED OFFICER
P.K.ABDUL SALAM
FASILA ABDUL SALAM
ALEXANDER THOMAS
As recorded by the court registry
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