IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 RP.No. 976 of 2008(D) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.15782/2008 Dated 25/07/2008 OS.286/2005 of ADDL.SUB COURT, PALAKKAD .................... : REVIEW PETITIONER/RESPONDENT --------------------------------------------- RUBFILA INTERNATIONAL LTD. NIDA, MENONPARA ROAD, KANJIKODE, PALAKKAD. BY ADV. SRI.M.PATHROSE MATTHAI (SR.) SRI.SAJI VARGHESE SMT.MARIAM MATHAI RESPONDENT: ------------- M/S.ANIL & SANHTOSH ASSOCIATES ENGINEERING CONTRACTORS, EAST OF FORT COMPLEX, FORT MAIDAN, PALAKKAD-13. BY THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== R.P.No.976 of 2008 in W.P.(C) NO. 15782 OF 2008 =========================== Dated this the 5th day of September, 2008 ORDER This petition is filed to review the judgment dated 25.7.2008 whereunder this court disposed the Writ Petition observing that the period of six months provided under Ext.P3 order expired and therefore learned Sub Judge is to proceed with the suit in accordance with law. First respondent has filed this petition contending that when the Writ Petition was disposed, consequence of not obtaining the sanction as provided under Ext.P3 order was not considered and on the failure of the plaintiff to obtain necessary sanction as provided under section 22, there is a bar against continuation of the suit and therefore the suit cannot be proceeded. This aspect was omitted to be taken note of in the judgment. I find merit in the submission. While disposing the Writ Petition R.P.976/08 in W.P.(C)15782/08 2 it was omitted to take note of the relevant provisions in Section 22 of the Sick Industrial Companies (Special Provisions)Act, 1985. In such circumstance, the judgment dated 25.7.2008 is reviewed and the Writ Petition is posted for further arguments after vacation. Review Petition is allowed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006