IN THE HIGH COURT OF KERALA AT ERNAKULAM
FAO.No. 35 of 2007()
1. M.K.BABU, 39 YEARS,
... Petitioner
2. M/S.PERIYAR ALUMINIUM COMPANY,
3. T.K.FAJITHA,
4. T.K.FARIDA,
5. K.A.PATHU,
6. M.K.MABEER,
Vs
1. STATE BANK OF TRAVANCORE,
... Respondent
For Petitioner :SRI.P.K.SAJEEV
For Respondent :SRI.SATHISH NINAN
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.BHAVADASAN
Dated :01/07/2009
O R D E R
P.R.RAMAN & P.BHAVADASAN, JJ.
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FAO 35 OF 2007
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Dated 1st July 009
Judgment
RAMAN, J.
This appeal is filed against an order, dismissing the
application filed by the appellants/defendants to set aside the ex
parte decree. After the suit was decreed ex parte, the present
appeal was filed. But, when this appeal came up for
consideration, the appellants were again absent.
2. The learned counsel appearing for the appellants sought
for an adjournment, which was not granted. The plaintiff is a
public sector bank. The learned counsel appearing for the Bank
submitted that pursuant to the decree passed, the entire
amount has been paid, though a written instruction to that effect
is only awaited. Recording the submission of the learned
counsel for the Bank, this appeal is dismissed as infructuous.
However, if it is found that the amount has not been paid, it will
be open to either of the parties to seek restoration of this appeal
on filing a petition, however, within one week.
P.R.RAMAN, JUDGE
P.BHAVADASAN, JUDGE
sta
FAO 35/07 2
FAO 35/07 3