Peedikaparambil Tourist Home vs Idukki Dist.Co-Op.Bank
2023 Latest Caselaw 3971 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
 THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                       RP NO. 959 OF 2005
 AGAINST THE ORDER/JUDGMENT IN OP 11062/1996 OF HIGH COURT
                           OF KERALA
REVIEW PETITIONER/S:

    1    PEEDIKAPARAMBIL TOURIST HOME
         THODUPUZHA, REPRESENTED BY ITS MANAGING PARTNER,,
         ANIL KUMAR.P.K, PEEDIKAPARAMBIL HOUSE,,
         THODUPUZHA.
    2    N.KARUNAKA PILLAI DIED
         PEEDIKAPARAMBIL HOUSE, THODUPUZHA,, (REPRESENTED
         BY HIS LEGAL HEIRS,, PETITIONERS 3 & 4).
    3    ANIL KUMAR.P.K
         PEEDIKAPARAMBIL HOUSE, THODUPUZHA.
    4    SUNIL KUMAR.P.K
         PEEDIKAPARAMBIL HOUSE, THODUPUZHA.
         BY ADV SRI.A.JAYASANKAR

RESPONDENT/S:
    1     IDUKKI DIST.CO-OP.BANK
          IDUKKI COLONY,, REPRESENTED BY ITS GENERAL
          MANAGER.
    2    KERALA STATE CO-OP.BANK LTD.
         TRIVANDRUM, REPRESENTED BY ITS MANAGING DIRECTOR.
    3    KERALA CO-OP. TRIBUNAL
         TRIVANDRUM.
    4    ASSISTANT REGISTRARSPECIAL ARBITRATOR
         IDUKKI DISTRICT CO-OP. BANK LTD.,, IDUKKI
         COLONY.P.O.

OTHER PRESENT:
          SR GOVT. PLEADER SRI. T K SHAJAHAN

     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION
ON 30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                 :2:
R.P. No. 959 of 2005




                               MOHAMMED NIAS C.P. J.
                       .........................................................
                                  R.P. No. 959 of 2005
                   ............................................................
                   Dated this the 30th day of March, 2023


                                             ORDER

It is seen that the 3rd respondent had earlier approached

this Court by filing W.P.(C) No. 4180 of 2004 which resulted in

judgment dated 20-2-2004 directing the petitioner therein to

pay the amount demanded in 10 equal monthly instalments.

Review petitioner submits that the amounts have been paid

pursuant to the directions in the said judgment. However, this

could not be brought to the notice of the Court when the

above matter was posted as the learned counsel for the

petitioner had died on 4-4-2004 and since there was no

representation, this Court by judgment dated 12-8-2005, again

directed the first respondent to calculate the amount.

2. Accordingly, the first respondent calculated the

amount as Rs. 6,70,593/-. Review petitioner submits that there

R.P. No. 959 of 2005

is no liability as it stands cleared. In the light of the above,

this Review Petition is allowed and the judgment dated 12-8-

2005 in O.P. No. 11062 of 1996 under review is recalled.

Post the Writ Petition for hearing after two weeks.

Sd/- MOHAMMED NIAS. C.P., JUDGE.

ani/31-03-2023

/true copy/