M/S.Shriram Transport Finance ... vs Shaji M.H
2021 Latest Caselaw 19408 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
    THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
                           RP NO. 275 OF 2020
AGAINST THE ORDER/JUDGMENT IN OP(C) 331/2020 OF HIGH COURT OF KERALA,
                               ERNAKULAM
REVIEW PETITIONER/S:

           M/S.SHRIRAM TRANSPORT FINANCE COMPANY LIMITED
           ERNAKULAM BRANCH, 36/847, NEAR KRISHNA NURSING HOME,
           CHITTOOR ROAD, ERNAKULAM-682018, REPRESENTED BY ITS POWER
           OF ATTORNEY HOLDER SHIBEENA V.M., RETAINER ADVOCATE,
           HARMONY HAVEN, KUNNAPPILLY ROAD, VENNALA P.O., ERNAKULAM-
           682028.

           BY ADVS.
           C.HARIKUMAR
           SRI.RENJITH RAJAPPAN
           SMT.NOVA SEN ABRAHAM



RESPONDENT/S:

     1     SHAJI M.H.
           AGED 43 YEARS
           S/O.M.B.HUSSAIN, KANDATHILPARAMBIL HOUSE, KMP NAGAR,
           PALLURUTHY, KOCHI-682006.

     2     SHEKKIR T.A.,
           7/292, AK LANE, KOCHANGADI MATTANCHERY TOWN, KOCHI-
           682002.

           BY ADV M.H.HANIS(K/264/2007) (B/o)




     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 16.09.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RP NO. 275 OF 2020
                                                2



                                            V.G.ARUN, J.
                     ...................................................................
                                     R P NO. 275 OF 2020
                                                     IN
                                    O.P (C) No.331 of 2020
                    .....................................................................
                    Dated this the 16th day of September, 2021

                                              ORDER

Having heard the learned counsel on either side and being

guided by the decision of the Honourable Supreme Court in Deep

Industries Limited Vs. Oil and Natural Gas Corporation Limited and

another [ (2020) 15 SCC 706] , wherein the Apex Court has

expatiated on the scope and ambit of the power under Section 37

of the Arbitration and Conciliation Act, as also the scope of

interference in appeal and in petitions under Article 226 / 227 of

the Constitution of India, I find that the judgment is liable to be

reviewed. The review petition is hence allowed and the judgment

in OP(C) No. 331 of 2020 is recalled. The original petition is

restored to file.

Post the original petition on 22.09.2021.

Sd/-

V.G.ARUN JUDGE

SJ RP NO. 275 OF 2020

APPENDIX OF RP 275/2020

PETITIONER ANNEXURE

ANNEXURE A1 THE TRUE COPY OF THE STATEMENT OF ACCOUNT OF THE LOAN ACCOUNT OF THE 1ST RESPONDENT.