Kerala High Court
Balasundaram S vs State Bank Of India on 8 November, 2024
Author: Anil K. Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
Friday, the 8th day of November 2024 / 17th Karthika, 1946
WA NO. 1606 OF 2024(FILING NO.)
ORDER DATED 22.07.2024 IN RP 701/2024 OF HIGH COURT OF KERALA, ERNAKULAM
APPELLANT(S)/ REVIEW PETITIONER:
BALASUNDARAM S., AGED 68 YEARS, S/O. SHANMUGHASUNDARAM, RETIRED
DEPUTY MANAGER, STATE BANK OF TRAVANCORE (PRESENTLY STATE BANK OF
INDIA), LOCAL HEAD OFFICE, POOJAPPURA, THIRUVANANTHAPURAM, PIN: 695
012, RESIDING AT "HANUKRIPA", T.C.12/1057, CONVENT ROAD, KARUNYA
LANE, NALANCHIRA P.O., THIRUVANANTHAPURAM, PIN - 695015
BY ADVS.N.NANDAKUMARA MENON (SR.),SMITHA S.PILLAI, ALICE
THOMAS, M.C.SINY, P.K.MANOJKUMAR.
RESPONDENT(S)/RESPONDENTS:
1. STATE BANK OF INDIA, REPRESENTED BY THE CHIEF GENERAL MANAGER, LOCAL
HEAD OFFICE, POOJAPPURA, THIRUVANANTHAPURAM, PIN - 695012.
2. ASSISTANT GENERAL MANAGER (PPG), STATE BANK OF INDIA, LOCAL HEAD
OFFICE, POOJAPPURA, THIRUVANANTHAPURAM, PIN - 695012.
SRI.P.RAMKRISHNAN, STANDING COUNSEL FOR R1 & R2.
This Un-numbered Writ Appeal No.../2024 (Filing No.1606/24) having
come up for orders on 08.11.2024, the court on the same day passed the
following:
P.T.O
W.A.No............ of 2024
(Filing No.1606 of 2024)
-1-
ANIL K. NARENDRAN & MURALEE KRISHNA S., JJ.
--------------------------------------------
W.A.No............ of 2024
(Filing No.1606 of 2024)
-------------------------------------
Dated this the 8th day of November, 2024
ORDER
Anil K. Narendran, J.
This writ appeal filed under Section 5 of the Kerala High
Court Act, 1958 arises out of the order dated 22.07.2024 of the
learned Single Judge in R.P.No.701 of 2024, which in turn arose
out of the judgment dated 06.06.2024 in W.P.(C)No.19392 of
2021. By the order dated 22.07.2024, that review petition
stands dismissed.
2. Challenging the judgment dated 06.06.2024 in W.P.
(C)No.19392 of 2021, the appellant filed W.A.No.1298 of 2024,
in which the filing delay of 47 days was condoned by the order
dated 21.10.2024 in C.M.Application No.1 of 2024.
3. In this writ appeal, Registry has noted defect, placing
reliance on the judgment dated 07.02.2014 by a Division Bench
of this Court in Co.Appeal No.11 of 2013, arising out of Company
Application No.186 of 2013 in Company Petition No.24 of 2009.
That judgment was rendered by a Division Bench of this Court
taking note of the law laid down by the Apex Court in Municipal
Corporation of Delhi v. Yashwant Singh Negi [(2020) 9
W.A.No............ of 2024
(Filing No.1606 of 2024)
SCC 815].
4. During the course of arguments, the learned Senior
Counsel for the appellant would place reliance on the judgment
of the Apex Court in Bussa Overseas and Properties (P) Ltd
v. Union of India and Another [(2016) 4 SCC 696].
5. We heard the arguments of the learned Senior
Counsel for the appellant and the learned Standing Counsel for
the State Bank of India.
6. Having considered the submissions made at the bar,
in the light of the law laid down by the Apex Court in Yashwant
Singh Negi [(2020) 9 SCC 815] and Bussa Overseas and
Properties (P) Ltd [(2016) 4 SCC 696], we find that in those
cases the Apex Court was dealing with the matters in which
instead of assailing the basic judgment, the challenge was made
only against the order passed in review. In that context the Apex
Court held that in the absence of merger, challenge against the
order in review cannot be entertained when the basic judgment
is not assailed by filing an appeal.
7. In the instant case, the appellant has already
challenged the judgment of the learned Single Judge in W.P.(C)
No.19392 of 2021 by filing W.A.No.1298 of 2024. Thereafter, in
this writ appeal, the appellant is challenging the order of the
learned Single Judge in R.P.No.701 of 2024. Such an appeal is
W.A.No............ of 2024
(Filing No.1606 of 2024)
maintainable in law. Therefore, the defect noted by the Registry
cannot be sustained.
Registry to number the writ appeal and list for admission on
20.11.2024 along with W.A.No.1298 of 2024.
sd/-
ANIL K. NARENDRAN, JUDGE
sd/-
MURALEE KRISHNA S., JUDGE
Scl/
08-11-2024 /True Copy/ Assistant Registrar
