Citation : 2022 Latest Caselaw 11586 Ker
Judgement Date : 20 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Tuesday, the 20th day of December 2022 / 29th Agrahayana, 1944
IA.NO.1/2022 IN WP(C) NO. 33634 OF 2022
PETITIONERS/PETITIONERS:
1. AMEER SULTHAN, AGED 12 YEARS ,(MINOR), S/O MUHAMMED NABEEL, RESIDING
AT KARATTU CHALI HOUSE, OZHUKKOOR P.O., MORAYOOR, MALAPPURAM,
REPRESENTED BY FATHER MOHAMMED NABEEL, S/O OF UMMER HAJI, AGED 34
YEARS,RESIDING AT KARATTU CHALI HOUSE, OZHUKKOOR P.O., MORAYOOR,
MALAPPURAM , PIN - 673642
2. SHAN RAHMAN, AGED 12 YEARS ,(MINOR),S/O MUHAMMED NABEEL,RESIDING AT
KARATTU CHALI HOUSE, OZHUKKOOR P.O., MORAYOOR,
MALAPPURAM,REPRESENTED BY FATHER MOHAMMED NABEEL, S/O OF UMMER HAJI,
AGED 34 YEARS,RESIDING AT KARATTU CHALI HOUSE, OZHUKKOOR P.O.,
MORAYOOR, MALAPPURAM , PIN - 673642
RESPONDENTS/RESPONDENTS:
1. STATE BANK OF INDIA, MONGAM BRANCH, MALAPPURAM,REPRESENTED BY THE
AUTHORISED OFFICER, PIN - 673642
2. THE AUTHORISED OFFICER, ARM BRANCH, ERNAKULAM ,REPRESENTING FOR
MONGAM BRANCH, STATE BANK OF INDIA, MALAPPURAM, PIN - 673642
3. MAJID UMMER, S/O OF UMMER HAJI, AGED 29 YEARS, RESIDING AT KARATTU
CHALI HOUSE, OZHUKKOOR P.O., MORAYOOR, MALAPPURAM, PIN - 673642
4. MAIMOONA, W/O. OF UMMER HAJI, AGED 75 YEARS, RESIDING AT KARATTU
CHALI HOUSE, OZHUKKOOR P.O., MORAYOOR, MALAPPURAM, PIN - 673642
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to permit the
petitioner to correct the judgment by adding "with a liberty to approach
the Honourable Debt Recovery Tribunal by filing Securitization
Application" also in Annexure 1 Judgment of the above writ petition in the
interest of justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this court's Judgment
dated 25.11.2022 and upon hearing the arguments of SHRI.M.A.JINSA MOL,
Advocate for the petitioner, the court passed the following:
I.A.No.1/ 2022 in W.P.C.No.33634/2022
BECHU KURIAN THOMAS, J.
====================
I.A.No.1 of 2022
in
W.P.(C).No.33634 of 2022
=====================
Dated this the 20th day of December, 2022
ORDER
This is an application to correct the judgment. According to the
learned counsel for the petitioners there is an omission to include the
words "with liberty to approach the Debts Recovery Tribunal".
2. Having heard the learned counsel for the petitioners as well
as the learned counsel for the respondents, I am satisfied that the
judgment dated 25.11.2022, has, by a typographical error, omitted to
include the words "with liberty to approach the Debts Recovery
Tribunal".
Accordingly, the petitioners are granted the liberty to move the
Debts Recovery Tribunal in accordance with law, notwithstanding the
withdrawal of the writ petition.
BECHU KURIAN THOMAS JUDGE
jka/20.12.22
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