Muhammed Cheriya Vadakkedath vs Axis Bank
2022 Latest Caselaw 2897 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
         Wednesday, the 16th day of March 2022 / 25th Phalguna, 1943
                   IA.NO.1/2022 IN WP(C) NO. 5563 OF 2022
PETITIONER/PETITIONER:

     MUHAMMED CHERIYA VADAKKEDATH, AGED 48 YEARS, KADAVANTHODY HOUSE,
     PAYYOLI, VADAKKARA, KOZHIKODE - 673523.

RESPONDENTS/RESPONDENTS:

  1. AXIS BANK, RETAIL ASSET CENTRE, 2ND FLOOR, GLOBAL TOWER,
     PARAYANCHERI, KOZHIKODE - 673016, REPRESENTED BY ITS BRANCH
     MANAGER.
  2. AUTHORIZED OFFICER, AXIS BANK, RETAIL ASSET CENTRE, 2ND FLOOR,
     GLOBAL TOWER, PARAYANCHERI, KOZHIKODE - 673016.


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to correct the
judgment passed on 18.02.2022 by substituting '10' equated monthly
instalments with '12' equated monthly instalments, as originally granted,
in the conditions for regularizing the loan account, in the interest of
justice, equity and good conscience.


     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this court's judgment
dated 18.02.2022 and upon hearing the arguments of M/S.P.A.MOHAMMED SHAH,
RENOY VINCENT, ASWIN KUMAR M J, HELEN P.A., ARUN ROY & SHAHIR SHOWKATH
ALI, Advocates for the petitioner in I.A/WP(C), the court passed the
following:
                                BECHU KURIAN THOMAS, J
                             ..............................................
                                     I.A.No.1 of 2022
                                               in
                                 W.P.(C) No.5563 of 2022
                                .....................................
                          Dated this the 16 th day of March, 2022

                                                ORDER

This is an application to correct the mistake occurred in the

judgment dated 18.02.2022.

2. On a perusal of the judgment and the proceedings of this

Court, I am satisfied that the figure term '10' appearing in

condition No.(i) in paragraph No.6 of the judgment is a

mistake. Instead of '12' it is mistakenly typed as '10'.

Hence, the correction as sought for is to be allowed.

3. Therefore, condition No.(i) in the judgment dated

18.02.2022 shall be read as follows:

"(i). The overdue amount of Rs.8,31,679/- shall be

repaid in '12' equated monthly instalments."

The application is allowed.

Sd/-

BECHU KURIAN THOMAS JUDGE AMV/16/03//2022

16-03-2022 /True Copy/ Assistant Registrar