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Kerala High Court

Federal Bank Ltd vs M/S.Christ Educational Trust on 18 May, 2015

Author: P.V.Asha

Bench: P.V.Asha

       

  

   

 
 
                          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                                      PRESENT:

                              THE HONOURABLE SMT. JUSTICE P.V.ASHA

                  TUESDAY, THE 23RD DAY OF JUNE 2015/2ND ASHADHA, 1937

                               RP.No. 504 of 2015 () IN WP(C).13454/2015
                                        -------------------------------------------


                            WP(C) 13454/2015 of HIGH COURT OF KERALA

REVIEW PETITIONER/2ND RESPONDENT:
-----------------------------------------------------------

            FEDERAL BANK LTD, KEEZHILLAM BRANCH
            KADAMBELIL BUILDING, M.C.ROAD
            KEEZHILLAM-683 541 REPRESENTED BY ITS AUTHORIZED OFFICER

            BY ADVS.SRI.MOHAN JACOB GEORGE
                          SMT.P.V.PARVATHI
                          SMT.REENA THOMAS

RESPONDENT/PETIONER IN W.P.(C).:
-----------------------------------------------------

        1. M/S.CHRIST EDUCATIONAL TRUST, THENGODE
            KAKKANADU, KJOCHI-682 030, ERNAKULAM DISTRICT
            REPRESENTED BY ITS CHAIRMAN P, J.PAULOSE

        2. UNION OF INDIA
            REPRESENTED BY SECRETARY , MINISTRY OF FINANCE
            NEW DELHI 110 001

           R2 BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
           R1 BY SRI.C.A.MAJEED

            THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 23-06-2015,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

RP.No. 504 of 2015 () IN WP(C).13454/2015

                                           APPENDIX

PETITIONERS EXHIBITS:-

ANNEXURE A1: COPY OF THE LETTER DATED 18.5.2015 ISSUED BY THE BANK TO
THE RESPONDENT HEREIN.


RESPONDENTS EXHIBITS:                  NIL
--------------------------------------




                                                    /TRUE COPY/


                                                    P.A. TO JUDGE
SKV



                         P.V.ASHA, J.
                ===================
                    R.P. No.504 OF 2015
            =======================
             Dated this the 23rd day of June, 2015

                            ORDER

Review petition is filed by the 2nd respondent in the writ petition pointing out that the outstanding dues in the account of the writ petitioner comes to a sum of Rs.12,96,18,339/- as on the date of the judgment.

2. I heard the learned counsel appearing for the review petitioner/2nd respondent as well as the petitioner in the writ petition.

3. In view of the fact that there is a considerable variation in the amount shown as arrears due to the Bank, in the judgment, the operative portion of the judgment dated 5.5.2015 ie, para 3 of the judgment will stand modified as follows.

"Petitioner is granted six months' time to pay off the outstanding dues, ie. a sum of Rs.12,96,18,339/- as on 5.5.2015. In case the first instalment towards the said amount is paid before 30.6.2015 the proceedings initiated R.P. No.504 OF 2015 2 as per Ext.P1 shall remain suspended and the petitioner shall be permitted to make repayment as per the regular schedule. In the event of any default the respondent can revive the proceedings. It is also made clear that the payment has to be made in regular monthly instalments along with interest accruing thereon".

Accordingly, this review petition is disposed of. This order shall be appended on the judgment.

Sd/-

P.V.ASHA, JUDGE SKV