IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 8^TH DAY OF OCTOBER 2024 / 16TH ASWINA, 1946 RP NO. 1025 OF 2024 AGAINST THE ORDER/JUDGMENT IN WP(C) NO.2370 OF

2024 OF HIGH COURT OF KERALA REVIEW PETITIONER/PETITIONER:

SHEEJA AGED 51 YEARS, W/O RAJENDRAN M.S, MANGATTUTHUNDATHIL HOUSE, KUREEKKAD.P.O, CHANDRAPRABHU ROAD, KUREEKAD, KANAYANNUR, ERNAKULAM DISTRICT, PIN – 682305.

BY ADVS.

M.A.SULFIA ABDUL JALEEL.A RESPONDENT/RESPONDENT:

KERALA STATE CO-OPERATIVE BANK LTD (ERSTWHILE ERNAKULAM DISTRICT CO-OPERATIVE BANK)

ERNAKULAM DISTRICT OFFICE, KAKKANADU PO, KOCHI, REPRESENTED BY ITS CHIEF MANAGER AND AUTHORISED OFFICER., PIN – 682030.

BY ADVS.

SMT.K.AMMINIKUTTY SRI.N.RAGHURAJ THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 08.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

Dated this the 8^th day of October, 2024 W.P.(C) No.2370 of 2024 was disposed of granting opportunity to the petitioner to remit the dues to the respondent-Bank in instalments. The judgment was delivered on 19.01.2024.

2. The writ petitioner has come up in review. The petitioner submits that the petitioner tried hard to comply with the direction of this Court. However, the petitioner will not be able to remit the amount as directed by this Court. The petitioner, therefore, wants to withdraw the judgment, as the petitioner wants to avail other remedies available.

3. Standing Counsel representing the respondent vehemently opposed the review petition. After obtaining the judgment and after period of remittances, the petitioner cannot be permitted to withdraw the writ petition, urged the Standing Counsel representing the respondent.

4. Taking into consideration the entire facts and circumstances of the case, I am of the view that as the review petitioner has not acted pursuant to the judgment, the review petitioner can be permitted to withdraw the writ petition on heavy cost.

The review petitioner is permitted to withdraw the writ petition. The judgment dated 19.01.2024 in W.P.(C) No.2370 of 2024 is recalled. The review petition is allowed on a cost of ₹1 lakh, which shall be paid to the respondent within a period of two weeks. The writ petition is restored to file.

Sd/-

N. NAGARESH JUDGE ams APPENDIX OF RP 1025/2024 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE JUDGMENT

19/01/2024 IN WP(C) 2370/2024.