IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 RP.No. 140 of 2009(J) IN W.P.(C) No.36009 of 2008 --------------------------------------------------------------------------- AGAINST THE ORDER IN WPC.36009/2008 Dated 05/01/2009 .................... REVIEW PETITIONER(S): ----------------------------------- M/S MALLISSERY TRADERS, REP. BY MANAGING PARTNER, M. KUNHIRAMAN, MALLISSERY HOUSE, P.O. MEMUNDA, VADAKARA -4, KOZHIKODE DIST. BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENT(S): -------------------------- 1. THE PUNJAB NATIONAL BANK, CIRCLE OFFICE, KOZHIKODE, SHADHABDI BHAVAN, MINI BY PASS ROAD, GOVINDAPURAM, KOZHIKODE. 2. THE PUNJAB NATIONAL BANK, VADAKARA BRANCH, VADKARA, KOZHIKODE DIST. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 10/02/2009, ALONG WITH W.P.(C) No.36009/2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------------------ R.P.No.140 of 2009 in W.P.(C) No.36009 of 2008 & W.P.(C) No.36009 of 2008 ----------------------------------------- Dated, this the 10th day of February, 2009 O R D E R The writ petitioner is a debtor of the first respondent. Taking into consideration the fact that the first respondent had obtained a decree from the civil court and the nature of the transaction between the parties interim orders were issued. On 5.1.2009 the order of stay was extended on condition of deposit of Rs.2 lakhs. R.P.No.140/2009 is filed seeking to review that order on the ground that if the amount covered by that order is also paid it would be much in excess of the total amounts due to the Bank in terms of its contentions in the counter affidavit in the writ petition. 2. Learned counsel for the Bank states that as of now if an amount of Rs.1 lakh is paid, the Bank would consider whether the petitioner is entitled to any ameliorative relief. I am sure that parties could then sit, discuss and conclude the total amounts outstanding. I am clear in my mind that settlement of accounts cannot be agitated in writ jurisdiction. Therefore leaving open all contentions I am vacating the interim order dated 5.1.2009. It is ordered that if the petitioner deposits Rs.1 lakh within a period of three weeks and appears before the Manager R.P.140/2009 & WPC No.36009/2008 -2- of the first respondent, the petitioner will be informed of the course of action that could be adopted to settle the transaction or to continue to enjoy the benefit as may be decided upon by the first respondent. The Review Petition and Writ Petition are disposed of as above. THOTTATHIL B.RADHAKRISHNAN, JUDGE MS