IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 19499 of 2009(F) -------------------------- PETITIONERS: --------------- 1. PRADEEP ANAND, S/O.LATE CHAMANLAL ANAND, ANAND HOUSE, M.G.ROAD, P.B.NO.1002, ERNAKULAM. RESIDING AT K.103, HAUZ KHAS, NEW DELHI. 2. MRS. USHA KHANNA, D/O. LATE CHAMANLAL ANAND, -DO- -DO- 3. MRS. DIVYA ANSAL, D/O. LATE CHAMANLAL ANAND, -DO- -DO- 4. MRS. NITA RAI, D/O. LATE CHAMANLAL ANAND, -DO- -DO- 5. MRS. SHEILA ANAND, D/O. LATE CHAMANLAL ANAND, -DO- -DO- BY ADV. SRI.N.SUBRAMANIAM ADV. SRI.M.S.NARAYANAN RESPONDENTS: --------------- 1. THE DEBT RECOVERY APPELLATE TRIBUNAL, 4TH FLOOR, INDIAN BANK REGIONAL OFFICE, 24/2, ETHIRAJ SALAI, CHENNAI - 600 008. 2. THE CANARA BANK, BANERJI ROAD BRANCH, BANERJI ROAD, ERNAKULAM, REPRESENTED BY ITS CHIEF MANAGER. R2 BY ADV. MR. M.C. SEN (SR.) ADV. SRI.P.GOPINATH MENON, SC, CANARA BANK ADV. SMT.SHAHNA KARTHIKEYAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No.19499 OF 2009 ......................................................................... Dated this the 26th August, 2009 J U D G M E N T The petitioner is challenging Ext. P12 order passed by the first respondent, whereby the appeal preferred by the petitioner was dismissed for default with cost a of Rs.Ten thousand. 2. Pursuant to the direction given by this Court, the learned Counsel for the petitioner has filed an affidavit dated 18.07.2009 narrating the sequence of events. In paragraph No.23 of the Writ Petition, it is stated that the learned Counsel had arranged to make necessary submissions on the date of posting, but the Counsel entrusted with the matter unfortunately made the submission in another case, viz., 'Pradeep vs. Canara Bank', instead of the case listed on the same date, i.e., in 'Pradeep Anand vs. Canara Bank', the latter one being the subject matter of the present Writ Petition. The turn of events and sequence have been specifically described in the proceedings filed on W.P.(C) No.19499 OF 2009 2 behalf of the petitioner. 3. Mr. M.C. Sen, the learned Sr. Counsel appearing for the respondent Bank submits that in view of the specific nature of the pleadings raised in paragraph No.23 of the Writ Petition, an opportunity can be given to the petitioner, to have the matter heard and decided 'on merits'. 4. Accordingly Ext. P12 is set aside and the first respondent is directed to consider the matter afresh on merits and pass final orders thereon, in accordance with law. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk