IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 RP.No. 219 of 2008(G) --------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.18550/2007 Dated 09/08/2007 .................... REVIEW PETITIONER/3RD RESPONDENT ------------------------------------------------- THE ASST.PROVIDENT FUND COMMISSIONER & RECOVERY OFFICER, EPF ORGANISATION, SUB REGIONAL OFFICE, KOCHI. BY ADV. SRI.S.GOPAKUMARAN NAIR (SR.) SRI.S.GOWTHAM RESPONDENTS: PETITIONER/RESPONDENTS 1, 2 & 4 -------------------------------------------------------------- 1. M/S.MUKUNDAPURAM TALUK MANPATRA KUDIL VYAVASAYA CO-OPERATIVE SOCIETY LTD.NO.C.IND. R-70, CHITTISSERY P.O., THRISSUR DISTRICT. REP. BY ITS SECRETARY. 2. KERALA KHADI & VILLAGE INDUSTRIES BOARD, REP. BY ITS SECRETARY, THIRUVANANTHAPURAM. 3. THE PROJECT OFFICER, KERALA KHADI & VILLAGE INDUSTRIES BOARD, THRISSUR. 4. JOSHY J.KOLANGADAN, KOLANGADAN HOUSE, CHRIST NAGAR, IRINJALAKKUDA, THRISSUR. BY SRI. M. SASINDRAN. SRI. SOORAJ T. ELENJIKKAL. THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 20/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ R.P.NO.219 OF 2008 IN W.P.(C)No.18550 OF 2007 ---------------------------------------- Dated this the 20th day of February, 2008 ORDER This review petition is filed by the Provident Fund Organisation for review of my judgment dated 9.8.2007. In the writ petition I directed the petitioner in the writ petition to deposit the bid amount with interest at 7% per annum and other expenses incurred by the Provident Fund Organisation for sale of the properties for payment to the auction purchaser. The Provident Fund Organisation submits that as per the conditions of sale, if the sale is set aside, the Provident Fund Organisation is bound to refund the bid amount with 5% of the bid amount and not 7% interest per annum. The Provident Fund Organisation also submits that, this was agreed to by the petitioner in the course of arguments in the writ petition also. Accordingly, the petitioner in the writ petition actually paid the amounts including 5% of the bid amount instead of 7% interest on the amount deposited by the auction purchaser. It is under the above R.P.NO.219/08 2 circumstances that this review petition is filed. 2. I feel that the judgment needs to be reviewed and corrected as stated by the Provident Fund Organsiation in view of the fact that the sale conditions specifically stipulate that 5% of the bid amount is also to be given to the auction purchaser in case the sale is set aside. Accordingly, the review petition is allowed. The judgment dated 9.8.2007 is recalled. S. SIRI JAGAN, JUDGE Acd R.P.NO.219/08 3