The High Court of Kerala allowed a review petition filed by Kerala State Financial Enterprises Ltd. to correct an erroneous figure in a prior judgment relating to pending dues, replacing Rs.9,10,025 with Rs.15,84,567.
The figure 'Rs.9,10,025' in the judgment dated 19.12.2016 was replaced by 'Rs.15,84,567/-'.
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 SHAJI P.CHALY
TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942
RP.No.241 OF 2017(D) IN WP(C). 11032/2016
AGAINST THE JUDGMENT IN WPC 11032/2016 DATED 19-12-2016 OF HIGH COURT OF KERALA
REVIEW PETITIONER/2nd RESPONDENT IN W.P.(C) NO. 11032/2016:
KERALA STATE FINANCIAL ENTERPRISES LTD.
KATTAKKADA BRANCH, KATTAKKADA,REPRESENTED BY ITS BRANCH MANAGER, PIN-695 572.
BY ADVS.
SRI.LAL GEORGE, SC, KERALA STATE FINANCIAL ENTERPRISES LTD. K.A.SALIL NARAYANAN BO
SHRI.SALIL NARAYANAN K.A., SC, KSFE LTD.
RESPONDENTS/PETITIONER AND RESPONDENTS 1 & 3 IN THE WRIT PETITION:
D/O.AGNUS, 72-A, KRIPA SADANAM, THEVANCODE, MYLAKKARA P.O., THIRUVANANTHAPURAM.695 572.
R1 BY ADV. SRI.SUSHANTH.J.
SRI.SURIN GEORGE IPE, SENIOR GOVERNMENT PLEADER
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 02.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.P. No. 241/2017 in W.P.(C) No. 11032/2016
: 2 :
Dated this the 2nd day of March, 2021.
ORDER
T his Review Petition is filed by respondents 1 and 2 in W.P.(C) No. 11032/2016 seeking to review the judgment dated 19.12.2016, whereby the writ petitioner was granted 10 instalments to pay off the pending dues to the Review Petitioner starting from 05.01.2017 and on the corresponding date of succeeding months.
R.P. No. 241/2017 in W.P.(C) No. 11032/2016
: 3 :
However, we make it clear that the replacement of the said
R.P. No. 241/2017 in W.P.(C) No. 11032/2016
: 4 :
amount would not stand in the way of the writ petitioner making any dispute with respect to the same in any adjudication proceeding.
sd/- SHAJI P. CHALY,
JUDGE.
Rv
2 issues framed by the court
Whether a review petition is maintainable to correct an erroneous figure of the pending dues mentioned in the impugned judgment.
Whether the recorded amount due from the writ petitioner needed to be modified to reflect the actual higher amount admitted.
1 provisions across 1 enactments
Kerala State Financial Enterprises Ltd.
Lilly Bai
Sathi Kumar T
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
