High Court Kerala High Court

Jaison Issac vs M/S.State Bank Of India on 17 August, 2010

Kerala High Court
Jaison Issac vs M/S.State Bank Of India on 17 August, 2010
       

  

  

 
 
  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
                   ---------------------------
                        R.P.No.713 of 2010
                                  in
                       W.P(C) No.7305 of 2010
                  ----------------------------
              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