STATE BANK OF INDIA Vs. KERALA ELECTRICALS
LAWS(KER)-2003-2-62
HIGH COURT OF KERALA
Decided on February 07,2003

STATE BANK OF INDIA Appellant
VERSUS
KERALA ELECTRICALS Respondents

JUDGEMENT

- (1.) Plaintiff State Bank of India is the revision petitioner. Suit was instituted by the Bank for realization of an amount of Rs.8,87,877/- with future interest and costs. Written statement was filed and respondent herein disputed the averments in the plaint. Issues in the case were framed on 12.7.1999. Suit was included in the list for trial on 18.2.2000. Two of the witnesses of the plaintiff were present on that day. However, the suit was adjourned at the instance of the defendants to 28.2.2000. Adjournment was sought for by the defendants on the said day and the suit was adjourned to 29.2.2000. Defendant also filed I.A.No 1140/2000 on 29.2.2000 seeking further adjournment. On 29.2.2000 on the side of the Bank P.W.1 was examined and Exts.A1 to A22 documents were marked. Defendants did not withdraw the contention and were set ex parte. On the basis of the evidence adduced by the plaintiff, suit was decreed with costs.
(2.) Plaintiff filed the receipt and claimed full fees, but the registry of the court below allowed only half the costs in the suit basically on the footing that the defendants were set ex parte and no enquiry was made before the disposal of the suit. Plaintiff then filed I.A.No.2548 of 2000 before the court below for correcting the costs portion of the decree by incorporating Senior Advocate fee as Rs.11,028/- and Junior Advocate fee as Rs.3,676/- and total costs as Rs.14,704/-. The said application was however rejected by the court below holding that there is no justification in the claim made by the plaintiff. Aggrieved by the same, this revision petition has been filed.
(3.) We heard counsel appearing for the Bank. There is no appearance on behalf of the respondent.;


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