RAMANI Vs. ICICI BANK

JUDGEMENT

(1.) This Original Petition has been filed against the order in I.A.508/2013 dated 22.03.2013 in O.S.245/2011 on the file of second Addl.Sub Court, Ernakulam which was filed to Review the order dated 15.01.2013, for deleting the penalty which was ordered to be calculated and paid. This is the second round of litigation before this Court in connection with impounding of the lease deed and directing to pay the stamp duty and penalty in the said case.

(2.) Earlier O.P.(C)No.3880/2011 was disposed by this Court as per the judgment dated 28.11.2012, copy of which is produced as Exhibit P6. As per that order, this Court dismissed the Original Petition upholding the order passed by the learned Second Additional Sub Judge impounding the lease deed and directing the same to be forwarded to the District Collector.

(3.) According to the learned counsel for the petitioners, after passing that order, at the request of the petitioners, the matter was posted as spoken to on the very next day and paragraph No.4 was added subsequent to that. In paragraph No.4 of Exhibit P6 this Court observed that nothing in the judgment will preclude the petitioners from moving the court below again to validate the document by recourse to Section 34(a) of the Act and the dictum in State of Bihar v. M/s. Karam Chand Thapar and Brothers Ltd,1962 KHC 430 (SC)].