IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 RP.No. 30 of 2004() ------------------- AGAINST THE JUDGEMENT/ORDER IN WA.1662/1997 Dated 03/09/2003 .................... REVIEW PETITIONER/APPELLANT/PETITIONER: ----------------------------------------------------------------------- PALAKKAD DISTRICT CO-OPERATIVE BANK REPRESENTED BY ITS GENERAL MANAGER. BY ADV. SRI.M.K.DAMODARAN SRI.P.SANJAY SRI.A.PARVATHI MENON RESPONDENTS: RESPONDENTS/RESPONDENTS: ------------------------------------------------------------------------- 1. K.B.SURESH, JUNIOR ACCOUNTANT, PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD. 2. K.K.KRISHNANKUTTY, JUNIOR ACCOUNTANT PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD. 3. SELPRAKASAN, SENIOR ACCOUNTANT, PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD. 4. V.M.MURALEEDHARAN, JUNIOR ACCOUNTANT, PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD. 5. KANTHASWAMY, JUNIOR ACCOUNTANT, PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD. 6. S.NATARAJAN, SENIOR ACCOUNTANT, PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD. Kss ..2/- ..2..... R.P.NO.30/2004 7. C.C.BHUVANENDRAN, SENIOR ACCOUNTANT, PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD. 8. E.RAMAKRISHNAN, JUNIOR ACCOUNTANT, PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD. 9. K.CHANDRAN, JUNIOR ACCOUNTANT, PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD. 10. U.SREENIVASAN, JUNIOR ACCOUNTANT, PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD. 11. A.NARAYANANKUTTY, JUNIOR ACCOUNTANT, PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD. 12. A.SIVADASAN, SENIOR ACCOUNTANT, PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD. 13. P.BALASUBRAMANIAN, JUNIOR ACCOUNTANT, PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD. 14. K.P.MADHAVANKUTTY, JUNIOR ACCOUNTANT, PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD. 15. P.KRISHNANKUTTY, JUNIOR ACCOUNTANT, PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD. 16. M.BALAKRISHNAN, JUNIOR ACCOUNTANT, PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD. 17. R.VASUDEVAN, JUNIOR ACCOUNTANT, PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD. 18. M.SWAMYNATHAN, SENOR ACCOUNTANT, PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD. 19. VIJAYANUNNY, JUNIOR ACCOUNTANT, PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD. 20. M.CHELLA, JUNIOR ACCOUNTANT, PALAKKAD, DISTRICT CO-OPERATIVE BANK, PALAKKAD. 21. P.L.VIJAYALAKSHMI, JUNIOR ACCOUNTANT, PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD. 22. T.ANITHA, JUNIOR ACCOUNTANT, PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD. Kss ..3/- ..3..... R.P.NO.30/2004 23. T.GANGADHARAN, SENIOR ACCOUNTANT, PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD. 24. SALGAMMA MATHEW, JUNIOR ACCOUNTANT, PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD. 25. K.ARU, SENIOR ACCOUNTANT, PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD. 26. K.SUMATHY, SENIOR ACCOUNTANT, PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD. 27. K.GIRIJA, JUNIOR ACCOUNTANT, PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD. 28. T.RADHAKRISHNAN, JUNIOR ACCOUNTANT, PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD. 29. VALSALA, SENIOR ACCOUNTANT, PALAKKAD DISTRICT CO-OPERATIVE BANK,PALAKKAD. 30. P.O.VISWANATHAN, SENIOR ACCOUNTANT, PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD. 31. P.R.OMANA, SENIOR ACCOUNTANT, PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD. 32. SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION GOVERNMENT OF KERALA, TRIVANDRUM. 33. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, TRIVANDRUM. 34. THE ADDL.REGISTRAR OF CO-OPERATIVE SOCIETIES (AUDIT), TRIVANDRUM. 35. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, PALAKKAD. BY GOVT.PLEADER SRI. SANDESH RAJA ADV. SRI.K.RAMAKUMAR FOR R1 TO 18 & 20 TO 31 THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 07/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- R.P.No.30 of 2004 in W.A.No.1662 of 1997 ------------------------------------- Dated 7th August, 2008 ORDER Koshy,J . This review petition is filed on the ground that the judgment under review was passed on the basis of an alleged concession given by the counsel for the appellant Co-operative Bank. The counsel for the Co- operative Bank himself filed an affidavit to the effect that he did not give any concession. In fact, the case was argued on merit. He only stated that Ext.P5 order was issued by the General Manager of the Bank, but, he has not stated that the benefits can be given based on Ext.P5. It is also stated that Ext.P5 order was withdrawn by the proceedings of the Board of Directors. When the review petition came up for hearing, it was closed because a special leave petition was filed against the judgment before the Hon'ble Supreme Court, but, the Hon'ble Supreme Court directed to hear the review petition as the matter has to be heard on merit. In this connection, learned counsel also referred to the decision of the Hon'ble Supreme Court in Board of Control for Cricket, India v. Netaji Cricket Club (AIR 2005 S.C. 592) paragraphs 88 to 93 to show that even the counsel cannot contend against the R.P.30/2004 in W.A.1662/1997 2 interest of the client. Apart from the above, counsel also filed an affidavit that he has not given the concession. In view of that, the judgment under review is called back and we have decided to hear the matter on merit. Hence, the review petition is allowed and the judgment dated 3rd September, 2003 in W.A.No.1662 of 1997 is recalled. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks