Allowed

Mini S., v. Ajith Mathew

Kerala HC27 Oct 2020RP/633/2020

Case brief

AI extract

What is this about?

This review petition challenged a writ court judgment dated 04.08.2020 regarding a co-operative bank matter. The court found errors on the face of the record, allowing the review and recalling the impugned judgment, remanding the matter for fresh consideration.

What did the court decide?

Review petition allowed; judgment dated 04.08.2020 in W.P.(C) No.15676 of 2020 recalled; matter remanded for fresh consideration.

Mini S., Vs Ajith Mathew — Service and Employment | Kerala HC (2020)

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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 RAJA VIJAYARAGHAVAN V

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TUESDAY, THE 27TH DAY OF OCTOBER 2020 / 5TH KARTHIKA, 1942

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RP.No.633 OF 2020 IN WP(C). 15676/2020

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AGAINST THE ORDER/JUDGMENT IN WP(C) 15676/2020(H) OF HIGH COURT OF KERALA

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REVIEW PETITIONERS/RESPONDENTS 3 TO 5:

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1 MINI S., BRANCH MANAGER, PONKUNNAM SERVICE CO-OPERATIVE BANK LTD.NO.527, THEKKETHUKAVALA BRANCH, PONKUNNAM - 686 506, KOTTAYAM DISTRICT.

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2 DIVYA RAVEENDRANATH, BRANCH MANAGER, PONKUNNAM SERVICE CO-OPERATIVE BANK LTD.NO.527, PONKUNAM - 686 506, KOTTAYAM DISTRICT.

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3 JOSEPH DOMINIC BRANCH MANAGER, PONKUNNAM SERVICE CO-OPERATIVE BANK LTD.NO.527, TOWN BRANCH, PONKUNNAM - 686 506, KOTTAYAM DISTRICT.

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BY ADVS. SRI.M.SASINDRAN SRI.P.SHAHEED

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RESPONDENTS/PETITIONER AND RESPONDENTS 1 & 2:

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1 AJITH MATHEW, BRANCH MANAGER, PONKUNNAM SERVICE CO-OPERATIVE BANK LTD.NO.527, TOWN BRANCH, PONKUNNAM - 686 506, KOTTAYAM DISTRICT.

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2 PONKUNNAM SERVICE CO-OPERATIVE BANK LTD.NO.527, REPRESENTED BY ITS SECRETARY, PONKUNNAM - 686 506, KOTTAYAM DISTRICT.

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3 THE MANAGING COMMITTEE OF PONKUNNAM SERVICE COOPERATIVE BANK LTD.NO.527 REPRESENTED BY ITS PRESIDENT, PONKUNNAM - 686 506, KOTTAYAM DISTRICT.

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 27.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RP.No.633 OF 2020

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IN WP(C). 15676/2020 2

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ORDER

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Instant review petition is filed seeking a review of judgment dated 04.08.2020 in W.P.(C)No.15676 of 2020.

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I have heard Sri M. Sasindran, the learned counsel appearing for the petitioner and Sri P.N. Mohanan, the learned counsel appearing for the 1st respondent.

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There appears to be considerable merit in the submission of Sri M. Sasindran, that the direction in the judgment under review that Exhibit P7 representation be considered in the light of Exhibit P3 judgment may work out prejudice to the review petitioners as they have a contention that Exhibit P3 judgment could not have been applied to the facts of the case on hand. This Court also had no occasion to consider the effect of Annexure I G.O.

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I am of the considered opinion that there are errors on the face of the record warranting exercise of powers in review.

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This review petition will stand allowed. Judgment dated 4.8.2020 in W.P. (C).No. 15676 of 2020 will stand recalled.

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Post this matter on 10.11.2020.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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DSV

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RP.No.633 OF 2020 IN WP(C). 15676/2020 3

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE AI A TRUE COPY OF THE RELEVANT EXTRACTS FROM THE G.O. DATED 25/11/2014.

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ANNEXURE II A TRUE COPY OF THE REPRESENTATION DATED 17/07/2020 SUBMITTED BY THE 3RD REVIEW PETITIONER.

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ANNEXURE AIII A TRUE COPY OF THE COVERING LETTER SUBMITTED BY THE WRIT PETITIONER BEFORE THE SOCIETY DATED 23/07/2018.

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RESPONDENTS EXHIBITS:NIL

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//TRUE COPY// P.A TO JUDGE

Mini S., v. Ajith Mathew

Case brief

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Mini S., v. Ajith Mathew

Case brief

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