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MARIYUMMA, HOUSE NO.9/309 versus THE MANAGER, STATE BANK OF INDIA

High Court of Kerala

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MARIYUMMA, HOUSE NO.9/309 v. THE MANAGER, STATE BANK OF INDIA - WP(C) No. 31106 of 2006(C) [2006] RD-KL 2945 (8 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 31106 of 2006(C)

1. MARIYUMMA, HOUSE NO.9/309,
... Petitioner

Vs

1. THE MANAGER, STATE BANK OF INDIA,
... Respondent

For Petitioner :SRI.A.K.ABDUL AZEEZ

For Respondent : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

Dated :08/12/2006

O R D E R

C.N.RAMACHANDRAN NAIR, J.


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W.P.(C)NO.31106 OF 2006
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Dated this the 8th day of December 2006



JUDGMENT

Heard counsel for petitioner and Standing Counsel for respondent Bank.

2. It is revealed that petitioner's husband who was a partner of a firm has filed several writ petitions in this court pertaining to the same matter and the last writ petition ended up in dismissal with cost of Rs.10,000/- which is confirmed by Division Bench. Even though petitioner submits that earlier writ petition filed by her husband will not bar maintainability of present writ petition, I am unable to accept the contention because petitioner's husband was also a partner and he filed writ petitions on behalf of the debtor firm and the present case filed by petitioner is also in respect of same matter. Therefore, res judicata bars this writ petition. Accordingly, it is dismissed. However, I am sure Bank will take a realistic view and try to settle the matter provided petitioner makes a substantial payment and offers payment of balance within a reasonable time for the Bank to grant concessions. Writ petition is dismissed with the above observation.

C.N.RAMACHANDRAN NAIR, JUDGE

jes


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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