Thomas Cherian vs Thiruvalla East Co-Operative Bank Ltd ...
2024 Latest Caselaw 32317 Ker

Kerala High Court

Thomas Cherian vs Thiruvalla East Co-Operative Bank Ltd ... on 8 November, 2024

Author: N. Nagaresh

Bench: N.Nagaresh

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                    THE HONOURABLE MR.JUSTICE N.NAGARESH
         Friday, the 8th day of November 2024 / 17th Karthika, 1946
                   RP NO. 1019 OF 2024 IN WP(C)22988/2024
REVIEW PETITIONERS/PETITIONERS:

  1. THOMAS CHERIAN, AGED 44 YEARS, S/O. V.C CHERIAN, VAKKAYIL SS VILLA,
     CHENGAROOR P.O, PUTHUSERRY KARA, KALLOOPARA VILLAGE, MALLAPPALLY
     TALUK, PATHANAMTHITTA DISTRICT, REP BY POWER-OF-ATTORNEY HOLDER, V.C
     CHERIAN, AGED 77, S/O KOCHERIA CHACKO, VAKKAYIL SS VILLA, CHENGAROOR
     P.O, PUTHUSERRY KARA, KALLOOPARA VILLAGE, MALLAPPALLY TALUK,
     PATHANAMTHITTA DISTRICT, PIN - 689594
  2. V.C CHERIAN, AGED 77 YEARS, S/O KOCHERIA CHACKO, VAKKAYIL SS VILLA,
     CHENGAROOR P.O, PUTHUSERRY KARA, KALLOOPARA VILLAGE, MALLAPPALLY
     TALUK, PATHANAMTHITTA DISTRICT, PIN - 689594

RESPONDENT/RESPONDENT:

     THIRUVALLA EAST CO-OPERATIVE BANK LTD NO:3260, ERAVIPEROOR,
     PATHANAMTHITTA DISTRICT REPRESENTED BY ITS GENERAL MANAGER/CEO, K.
     MOHANAN, RESIDING AT AKSHRA VEEDU, AGASTHIACODE MURI, ANCHAL,
     PUNALUR, KOLLAM DISTRICT, PIN - 689542


     Review Petition praying inter alia that in the circumstances stated
in the affidavit filed along with the RP the High Court be pleased to pass
an interim order staying the operation of Judgment dated 19.08.2024 in
WP(C)No.22988/2024 of this Hn'ble Court, pending disposal of the above
Writ Petition.

     This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of RP and this Court's judgment dated
19.08.2024 in WP(C)No.22988/2024 and order dated 04.10.2024 and upon
hearing the arguments of M/S.JOSEPH GEORGE, BIJO THOMAS GEORGE,
P.A.REJIMON, NIKITA NAIR C.S. & VIVEKJOS PUTHUKULANGARA, Advocate for the
Review Petitioner in RP/petitioners in WP(C), SRI.T.P.PRADEEP, STANDING
COUNSEL for Respondent in RP/WP(C), the court passed the following:
                                        N. NAGARESH, J.
                              --------------------------------------------
                                     R.P.No.1019 of 2024
                                                  in
                                  W.P.(C) No.22988 of 2024
                         -----------------------------------------------------
                        Dated this the 8th day of November, 2024


                                             ORDER

The review petition has been filed contending that

certain remittances made by the review petitioners were not

taken note of by this Court while delivering the judgment in

W.P.(C) No.22988 of 2024.

2. Standing Counsel representing the Bank submits

that there is something in what the petitioners have stated

and the total outstanding amount as on 11.08.2024 would be

₹37,61,794/-, as against the figure ₹43,63,451/- mentioned

in the judgment.

3. The petitioners seek adjournment.

Post on 15.11.2024.

Sd/-

N. NAGARESH JUDGE ams

08-11-2024 /True Copy/ Assistant Registrar