IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 713 of 2010()
1. JAISON ISSAC, S/O.ISSAC
... Petitioner
Vs
1. M/S.STATE BANK OF INDIA
... Respondent
2. THE BRANCH MANAGER
For Petitioner :SRI.C.A.CHACKO
For Respondent :SRI.K.K.CHANDRAN PILLAI (SR.)
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :17/08/2010
O R D E R
P.R.RAMACHANDRA MENON, J
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R.P.No.713 of 2010
in
W.P(C) No.7305 of 2010
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Dated this the 17th day of August, 2010.
O R D E R
This review petition has been filed by the petitioner stating
that there is an apparent error in the verdict passed by this Court on
7.4.2010, whereby the matter was disposed of directing the
petitioner to clear the overdue amount as specified and to have the
loan account regularized. It is contended by the review petitioner
that the overdue amount in respect of the defaulted instalments was
recorded in para 3 of the above judgment as ‘Rs.3.39 lakhs’ plus
further expenses, if any, which was on the basis of the submission
made by the learned counsel for the Bank. The learned counsel
submits that the total ‘overdue’ amount as conveyed by the Bank by
Annexure A1 dated 17.7.2010 in reply to the query made by the
petitioner under the Right to Information Act, is only Rs.99,267/- as
on 30.6.2010 and this being the position, the matter requires to be
reconsidered.
2. The learned counsel appearing for the Bank submits that
the mistake of course happened at the hands of the respondent,
R.P.No.713 of 2010 2
which however is stated as regretted. The learned counsel also
submits on the basis of the written instruction obtained
subsequently, that the actual ‘overdue’ amount was around Rs.1
lakh as in June 2010, as pointed out in ‘Annexure A1’ intimation
given by the Bank. It is also conceded that the petitioner, of course
has satisfied a portion of the said liability in the meanwhile and that
only the balance amount is liable to be cleared, to have the loan
account regularized.
3. In the above circumstances, the review petitioner is
permitted to clear the remaining ‘overdue’ amount as shown in
Annexure A1 with subsequent interest and expenses if any, which
shall be done within one month, on which event the loan account
will stand regularized. The petitioner shall continue to effect the
regular EMIs as well without fail and the default clause incorporated
in the judgment will continue.
The Review Petition is disposed of effecting appropriate
modifications to the judgment as above.
P.R.RAMACHANDRA MENON
JUDGE
ab