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ING VYSYA BANK H.O OFFICE AT BANGALORE v. R.RAJESH CHANDRAN,S/O.K.RAMACHANDRAN - RFA No. 154 of 2007  RD-KL 13110 (16 July 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMRFA No. 154 of 2007()
1. ING VYSYA BANK H.O OFFICE AT BANGALORE
1. R.RAJESH CHANDRAN,S/O.K.RAMACHANDRAN,
For Petitioner :SRI.R.S.KALKURA
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
O R D E R
KURIAN JOSEPH & T.R. RAMACHANDRAN NAIR, JJ
R.F.A NO. 154 OF 2007
Dated this the 16th day of July, 2007.
Kurian Joseph,JThe appellant approached this Court to set aside the judgment and decree dated 14.02.2007 in O.S. No. 454/2006 on the file of the Subordinate Judge's Court, Ernakulam. It is seen from the judgment that the plaint was rejected for non-payment of the balance court fee. Having heard the counsel for the appellant and having regard to the facts and circumstances of the case, which are not disputed by the respondents, we are of the view that it is only in the interest of justice that a further opportunity is given to the appellant. Accordingly, we dispose of the appeal as follows: The appeal is allowed and judgment is set aside. The appellant shall furnish the balance court fee within a period of 10 days from today. A copy of the judgment will be furnished to the petitioner immediately. In case the court fee is not paid as above, the appeal will stand dismissed.
KURIAN JOSEPH, JUDGE.
T.R. RAMACHANDRAN NAIR, JUDGE.rv
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