IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 RP.No. 1042 of 2009 ----------------------- AGAINST THE JUDGEMENT IN WA.606/2008 Dated 10/07/2009 .................... REVIEW PETITIONER(S): PETITIONER/APPELLANT: ------------------------------------------------------- CENTRAL BANK OF INDIA, REPRESENTED BY ITS REGIONAL MANAGER, CENTRAL BANK OF INDIA, THIRUVANANTHAPURAM. 695 001. BY ADV. SRI.DEVAN RAMACHANDRAN SRI.K.M.ANEESH RESPONDENT(S): RESPONDENT: ----------------------------------- JESSY RAJAN, BUNGLAVIL PUTHEN VEEDU, MARANGATTU KONAM, VALAKOM P.O., KOTTARAKKARA. BY ADV.SRI.BECHU KURIAN THOMAS. THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 19/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.R.BANNURMATH, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.169 OF 2009 & R.P.No.1042 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of November 2009 ORDER S.R.BANNURMATH, C.J. There is a delay of 73 days in filing the review petition. Delay in filing the review petition is not seriously opposed by the other side. Therefore, the delay in filing the review petition is condoned and the matter is heard on merit. 2. While disposing the writ petition, the learned Single Judge in order to give quietus to the issue and avoid further proceedings against the mortgaged property of the petitioner, issued the following directions: 1) as agreed by the petitioner, I direct that the Bank will be free to appropriate Rs.30 lakhs deposited by the petitioner with the Bank. 2) Since there has been delay in realising its dues till now, petitioner shall pay to the Bank interest at the rate of 10% for the period from the date of deposit till the date of appropriation on the amount of Rs.30 lakhs. The Bank shall quantify the interest and give intimation thereof to the petitioner and within four weeks from the date of such intimation the petitioner shall deposit the amount towards interest. C.M.Appln.No.169 OF 2009 & R.P.No.1042 OF 2009 :: 2 :: 3) it is submitted by the counsel for the petitioner that subsequent to the deposit made by him in 2005, he had already remitted Rs.13 lakhs towards interest. This amount shall be given credit towards the petitioner's liability for interest. 4) Needless to say, if the amount in deposit is in the name of any third person, the petitioner shall make all arrangements to enable the Bank to appropriate the amount in deposit. 3. After hearing the parties, we affirmed the judgment of the learned Single Judge by our judgment dated 10.7.2009. It is now brought to our notice that there appears to be apparent mistake in Clause 2 extracted above in respect of the date from which the interest starts or to be calculated. In Clause 2 extracted above, it is stated that petitioner shall pay to the Bank interest at the rate of 10% for the period from the date of deposit till the date of appropriation on the amount of Rs.30 lakhs. There was an one time settlement agreement between the parties and the same was sanctioned in January 2003. Though the intention of the learned Single Judge and this Court was to give quietus and continue the rate of interest “from the date of sanction of OTS”, it is erroneously mentioned as “from the date of deposit”. This is clearly an apparent mistake. This mistake is also acknowledged by the counsel for the C.M.Appln.No.169 OF 2009 & R.P.No.1042 OF 2009 :: 3 :: writ petitioner. It is to be noticed that the amount was deposited in the petitioner's name in the year November 2005 and hence the petitioner is liable under the OTS to pay interest from January 2003 and not November 2005 when the amount was deposited. This requires clarification. 4. Hence clause 2 of the judgment i.e., “petitioner shall pay to the Bank interest at the rate of 10% for the period from the date of deposit till the date of appropriation on the amount of Rs.30 lakhs” shall stand modified as follows: “Petitioner shall pay to the Bank interest at the rate of 10% for the period from the date of sanction of the OTS i.e., January 2003 till the date of deposit in the bank account.” The review petition stands allowed as noted above. (S.R.BANNURMATH) CHIEF JUSTICE (A.K.BASHEER) JUDGE jes/vku.