Ruby vs Naruvamoodu Service Co-Operative Bank Ltd T.No.160 - Court Judgment

SooperKanoon Citationsooperkanoon.com/1388650
CourtKerala High Court
Decided OnOct-12-2023
Case NumberRP/941/2023
JudgeHonourable Mr. Justice Gopinath P.
AppellantRUBY
RespondentNaruvamoodu Service Co-Operative Bank Ltd T.No.160
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr. justice gopinath p. thursday, the 12th day of october 2023 / 20th aswina, 1945 rp no. 941 of 2023 against the judgment wp(c) 7623/2023 dated 04.08.2023 of high court of kerala review petitioner/petitioner: ruby aged 56 years w/o paul ratnam, residing at kuruvilla puthenveedu, perumbu road, ayyanimoodu, vedivechankovil, pallichal village, neyyattinkara taluk, thiruvananthapuram, pin- 695501., pin - 695501 by advs. shaijan c.george vinai john respondents/respondents: 1 naruvamoodu service co-operative bank ltd t.no.160 naruvamoodu p.o., thiruvananthapuram-695528 represented by its secretary, pin-695528., pin - 695528 2 sale officer naruvamoodu service co-operative bank ltd.t.no. 160, naruvamoodu p.o., thiruvananthapuram-695528., pin - sri p n mohanan (for resp) this review petition having come up for admission on 12.10.2023, the court on the same day delivered the following: rp no. 941 of 2023 2orderthis review petition has been filed, seeking review of thejudgment dated 04.08.2023 in w.p.(c.) no.7623 of 2023,which was disposed of, permitting the review petitioner/writ petitioner to pay off the liability due under a loan availed from the 1st respondent bank, in some instalments.2. learned counsel appearing for the reviewpetitioner would submit that the submission made by the learned counsel, then appearing for the writ petitioner/review petitioner that the petitioner may be permitted to pay off the liability in some instalments, was not based on the instructions given by the petitioner/review petitioner and therefore, the review petition may be allowed.3. heard the learned counsel appearing for the 1 st respondent also.4. having regard to the fact that it is the specificcase of the review petitioner that no instructions have been given to the earlier counsel to submit that the liability can be paid of in instalments, the review petition is allowed. thejudgment dated 04.08.2023 in w.p.(c.) no.7623 of 2023 isrecalled. registry shall list the writ petition for consideration rp no. 941 of 2023 3 before the court, in accordance with the roster. sd/- gopinath p. judge ajt
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 12TH DAY OF OCTOBER 2023 / 20TH ASWINA, 1945 RP NO. 941 OF 2023 AGAINST THE JUDGMENT WP(C) 7623/2023 DATED 04.08.2023 OF HIGH COURT OF KERALA REVIEW PETITIONER/PETITIONER: RUBY AGED 56 YEARS W/O PAUL RATNAM, RESIDING AT KURUVILLA PUTHENVEEDU, PERUMBU ROAD, AYYANIMOODU, VEDIVECHANKOVIL, PALLICHAL VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM, PIN- 695501., PIN - 695501 BY ADVS. SHAIJAN C.GEORGE VINAI JOHN RESPONDENTS/RESPONDENTS: 1 NARUVAMOODU SERVICE CO-OPERATIVE BANK LTD T.NO.160 NARUVAMOODU P.O., THIRUVANANTHAPURAM-695528 REPRESENTED BY ITS SECRETARY, PIN-695528., PIN - 695528 2 SALE OFFICER NARUVAMOODU SERVICE CO-OPERATIVE BANK LTD.T.NO. 160, NARUVAMOODU P.O., THIRUVANANTHAPURAM-695528., PIN - SRI P N MOHANAN (FOR RESP) THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 12.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RP NO. 941 OF 2023 2

ORDER

This review petition has been filed, seeking review of the

judgment dated 04.08.2023 in W.P.(C.) No.7623 of 2023,

which was disposed of, permitting the review petitioner/writ petitioner to pay off the liability due under a loan availed from the 1st respondent bank, in some instalments.

2. Learned counsel appearing for the review

petitioner would submit that the submission made by the learned counsel, then appearing for the writ petitioner/review petitioner that the petitioner may be permitted to pay off the liability in some instalments, was not based on the instructions given by the petitioner/review petitioner and therefore, the review petition may be allowed.

3. Heard the learned counsel appearing for the 1 st respondent also.

4. Having regard to the fact that it is the specific

case of the review petitioner that no instructions have been given to the earlier counsel to submit that the liability can be paid of in instalments, the review petition is allowed. The

judgment dated 04.08.2023 in W.P.(C.) No.7623 of 2023 is

recalled. Registry shall list the writ petition for consideration RP NO. 941 OF 2023 3 before the Court, in accordance with the roster. Sd/- GOPINATH P. JUDGE ajt