Citation : 2023 Latest Caselaw 11610 Ker
Judgement Date : 8 November, 2023
W.A.No.1932 of 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
WA NO. 1932 OF 2023
AGAINST THE ORDER/JUDGMENT WP(C) 33871/2023 OF HIGH COURT OF
KERALA
APPELLANT/RESPONDENT:
PUNJAB NATIONAL BANK
2ND FLOOR, CIRCLE OFFICE, MARKET ROAD, ERNAKULAM,
REPRESENTED BY ITS ASSISTANT GENERAL MANAGER, PIN -
682011
BY ADVS.
C.AJITH KUMAR
RAJEEVU L.G.
RESPONDENT/PETITIONER:
SHYJU ANTONY
AGED 58 YEARS
KOROTH HOUSE, GAS AGENCY ROAD, GANDHIPURAM.
THRIPUNITHURA, PIN - 682301
OTHER PRESENT:
ADV. BRIJESH MOHAN FOR THE RESPONDENT.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
08.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.A.No.1932 of 2023 2
A. J. Desai, C.J.
&
V.G. Arun, J.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
W.A.No.1932 of 2023
---------------------------------------------
Dated this the 8th day of November 2023
JUDGMENT
A.J. Desai, C.J.
It is the case of the appellant bank (original respondent)
that the Bank had never agreed for installment as prayed by the
original petitioner. Hence, the learned Single Judge ought not
have recorded the consent of the bank for granting installment
facility to the original petitioner in the order impugned.
2. Having considered the submission, we are of the opinion
that it is desirable for the bank to file review petition before the
learned Single Judge and urge the contention raised in this writ
appeal.
The writ appeal is disposed of as above.
Sd/-
A. J. Desai Chief Justice Sd/-
V.G. Arun Judge dpk
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