IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 949 of 2009()
1. CATHOLIC SYRIAN BANK LIMITED,
... Petitioner
Vs
1. K.B. KANNAN, AGED 41 YEARS, S/O. (LATE)
... Respondent
2. M/S KRISHNA OIL MILLS BASIN ROAD,
3. KUNJUMANI, W/O. K.K. KRISHNAN, PARTNER,
4. SUMANGALA, W/O. K.K. BALAN,
5. K.B. DHANAPALAN, S/O. K.K. BALAN,
For Petitioner :SRI.C.A.JOY
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.BHAVADASAN
Dated :20/11/2009
O R D E R
P.R.RAMAN & P.BHAVADASAN, JJ.
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RP No.949/09 in RFA No.324/08 &
RP No.950/09 in RFA No.326/08
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Dated 20th November 2009
Order
Bhavadasan, J.
These Review Petitions have been filed by the Catholic Syrian
Bank, seeking review of the common Judgment of this Court in RFA
Nos.324 & 326 of 2008 dated 19.08.2009.
2. It is seen that the respondents herein had availed of a loan
from the Bank and had suffered decree. In the appeals filed by the
respondents herein, they challenged only the rate of interest. Finding
that the rate claimed @ 23% was against the principles laid down in
the decision reported in Central Bank of India v. Ravindra and
Others (AIR 2001 SC 3095), the appeals were allowed to the extent
that the appellants in the First Appeals will be liable to pay interest,
only @12% from the date of decree, till the date of payment of the
amounts, which have already been made. This Court also directed
that if the appellants in the RFAs deposit a sum of Rs.7,00,000/-
(Rupees Seven Lakhs only) within three weeks, it will deemed that
the decrees in both the suits will be deemed to have been satisfied.
RP Nos.949 & 950/09 2
3. Now, the Bank has come forward with the Review Petitions,
pointing out that the amount directed to be paid by the appellants
should have been Rs.7,00,000/- (Rupees Seven Lakhs only) each in
both the appeals and the Judgment of this Court may be modified to
that extent.
4. We are afraid, the claim made by the Bank is not correct. It
was only after taking note of the loan amount disbursed to the
appellants in the First Appeals and the amounts paid by them, that
the Judgment and decree of the Court below was modified by this
Court. What was intended was, if Rs.7,00,000/- (Rupees Seven
Lakhs only) was paid, the decrees in both the suits will be deemed to
have been satisfied. There is no error, apparent on the face of the
record, as claimed by the Bank. So, these Review Petitions are
devoid of any merit and they are accordingly dismissed.
P.R.RAMAN, JUDGE
P.BHAVADASAN, JUDGE
sta
RP Nos.949 & 950/09 3
RP Nos.949 & 950/09 4