Kerala High Court
State Bank Of India vs P.K.Abdul Salam on 23 September, 2020
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2020 / 1ST ASWINA, 1942
RP.No.242 OF 2020 IN WP(C). 764/2020
AGAINST THE ORDER/JUDGMENT IN WP(C) 764/2020(U) OF HIGH COURT OF
KERALA
REVIEW PETITIONER/S:
1 STATE BANK OF INDIA, REPRESENTED BY ITS BRANCH
MANAGER, MATTANCHERRY, KANDATHIL COMPLEX, P.T.JACOB
ROAD, THOPPUMPADY, KOCHI-682005.
2 THE AUTHORISED OFFICER,STATE BANK OF INDIA, RETAIL
ASSETS CENTRAL PROCESSING CENTRE - 2, (RACPC-2),
SBT AVENUE, PANAMPILLY NAGAR, ERNAKULAM-682036.
BY ADV. SRI.M.JITHESH MENON
RESPONDENT/S:
1 P.K.ABDUL SALAM, AGED 52 YEARS
S/O.KOYA, HOUSE NO.CC1/1337, K.B.JACOB ROAD,
NJALIPARAMBU, FORT KOCHI-682011, NOW RESIDING AT
CC.12/808 A, KAPPALANDIMUKKU, MATTANCHERRY-682002.
2 FASILA ABDUL SALAM, AGED 45 YEARS, W/O.P.K.ABDUL
SALAM, HOUSE NO.CC1/1337, K.B.JACOB ROAD,
NJALIPARAMBU, FORT KOCHI-682011, NOW RESIDING AT
CC.12/808 A, KAPPALANDIMUKKU, MATTANCHERRY-682002.
OTHER PRESENT:
SMT.C.G.PREETHA & SRI.P.E.THOMAS
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
23.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
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R.P.No. 242/2020 in W.P.(C).No. 764/2020
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Dated this the 23rd day of September, 2020
ORDER
It is submitted by the learned counsel for the review petitioners/respondents in the W.P.(C). (State Bank of India) that a mistake has occurred on the part of the said party by making submission in the above proceedings, which culminated in the impugned judgment dated 17.1.2020, that there are overdues to be paid by the petitioners for regularization of the loan account, whereas what was intended to be submitted by the bank was that the loan account is to be closed on the petitioners paying the total outstanding dues and that for that purpose, the bank is prepared to give last opportunity to the petitioners to clear the outstanding dues, so as to close the loan account, by clearing such dues in six monthly instalments and that after payment of the first instalment, the bank would certainly give interim custody of the seized vehicle to the petitioners subject to the other conditions.
In view of the abovesaid submissions it is observed that the said judgment is based on an erroneous factual premise on account of the said erroneous factual submission made by the State Bank of India as RP 242/20 - : 3 :-
the respondent in the W.P.(C). Accordingly, the impugned judgment dated 17.1.2020 in W.P.(C).No. 764/2020 will stand reviewed and recalled and W.P.(C). is restored to the file of this Court for disposal afresh.
With these observations and directions, the above Review Petition stands disposed of.
Sd/-
sdk+ ALEXANDER THOMAS, JUDGE