IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36716 of 2008(U)
1. K.V.AMPILI, D/O.VEENADHARAN, KOCHUVEEDU
... Petitioner
Vs
1. THE JOINT RIGISTRAR OF CO-OPERATIVE
... Respondent
2. THE KOLLAM DISTRICT CO-OPERATIVE BANK
3. THE KOLLAM DISTRICT CO-OPERATIVE BANK,
For Petitioner :SRI.B.MOHANLAL
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :11/02/2009
O R D E R
THOTTATHIL B RADHAKRISHNAN, J
...........................................
WP(C).NO. 36716 OF 2008
............................................
DATED THIS THE 11TH DAY OF FEBRUARY, 2009
JUDGMENT
The petitioner availed a loan from the second respondent
through third respondent, Branch. According to her, she need pay
only Rs.24,000/- as balance amount due under a scheme of settlement.
That amount of Rs.24,000/- has been paid, following the interim order
dated 12.12.2008. The bank has filed a counter affidavit that after
giving credit to that amount of Rs.24,000/-, the petitioner has to pay
an amount of Rs.74,763/- with interest from 15.12.2008. There is no
reply affidavit contradicting that stand of respondents 2 and 3. All
that the petitioner states is that the bank be directed to slash the
interest component.
2. Learned counsel for the bank points out that the bank has
acted strictly in terms of Ext.R2(a) circular. Under the aforesaid
circumstances, this writ petition is ordered directing that if the
petitioner remits an amount of Rs.74,763/- with interest thereon from
15.12.2008, the transaction will be closed. Further, after remitting
75% of such amount, if the petitioner makes a representation to
reduce the total outstandings, bank will consider that sympathetically,
WP(C) 36716/2008 2
provided payment as aforesaid is made within a period of two months
from now.
THOTTATHIL B RADHAKRISHNAN,
JUDGE
lgk/16/2