High Court Kerala High Court

Syndicate Bank vs M.Anantheshwara Kamath on 7 April, 2009

Kerala High Court
Syndicate Bank vs M.Anantheshwara Kamath on 7 April, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

AS.No. 638 of 1994()



1. SYNDICATE BANK
                      ...  Petitioner

                        Vs

1. M.ANANTHESHWARA KAMATH
                       ...       Respondent

                For Petitioner  :SRI.M.P.ASHOK KUMAR,P.A.BHASKARAN

                For Respondent  :SRI.KODOTH SREEDHARAN,MANIKANDAN-R1 & 2

The Hon'ble MR. Justice K.NARAYANA KURUP (RETD.Ag.CHIEF JUSTICE)

 Dated :07/04/2009

 O R D E R
                 JUSTICE K.NARAYANA KURUP
           (RETD. JUDGE, HIGH COURT OF KERALA)
                                &
                      SRI.K.N.SATHEESAN
                   (RETD. DISTRICT JUDGE)
      ================================
                       A.S.No.638 of 1994
      ================================
               Dated this the 7th day of April, 2009

                              AWARD


     Suit for money which was decreed in part. The plaintiff-

bank has come up disputing the rate of interest awarded by the

court. When we heard the matter in the Adalat, it is submitted

that the defendant/borrower has already remitted the principal

amount of Rs.2,00,000/-(Rupees two lakh only) to the bank. This

is admitted by the plaintiff-bank. All that remains is the quantum

of interest. When we put a suggestion to the bank to settle the

matter reducing/waiving the interest, it has been fairly stated

that they will be satisfied with a sum of Rs.10,000/-(Rupees ten

thousand only) as interest in full and final settlement of

transaction. This submission is recorded.

     Parties agreed for the above settlement and an Award in

terms of the settlement will be passed. However, we make it

clear that the respondent will pay an amount of Rs.10,000/-

within six weeks from today.

A.S.638/1994
                                 2


      Post after six weeks for reporting compliance. Court fee

paid by the appellant shall be refunded as per rules.




                                   K.NARAYANA KURUP
                        (RETD. JUDGE, HIGH COURT OF KERALA)




                                    K.N.SATHEESAN
                              (RETD. DISTRICT JUDGE)
dvs


? IN THE HIGH COURT OF KERALA AT ERNAKULAM

+WP(C).No. 18928 of 2008(C)


#1. M.J.MATHEW, FLAT NO. 2131-B,
                      ...  Petitioner

                        Vs



$1. KERALA STATE ELECTRICITY BOARD
                       ...       Respondent

2. ASSISTANT ENGINEER

3. ASSISTANT EXECUTIVE ENGINEER

4. GEORGE, MANTHOTTATHIL HOUSE

5. K.J.ELIKUTTY, W/O. GEORGE

6. ADDITIONAL DISTRICT MAGISTRATE

!                For Petitioner  :SMT.K.A.ANGEL TREENA

^                For Respondent  :SRI.P.P.THAJUDEEN, SC, K.S.E.B

*Coram
 The Hon'ble MR. Justice P.K.SHAMSUDDIN (RETD. JUDGE)

% Dated :08/04/2009

: O R D E R

JUSTICE P.K.SHAMSUDDIN
(RETD. JUDGE, HIGH COURT OF KERALA)
&
SRI.K.N.SATHEESAN
(RETD. DISTRICT JUDGE)
=================================
W.P.(C).No.18928 of 2008
=================================
Dated this the 8th day of April, 2009

AWARD

Heard the petitioner and his counsel, 4th respondent and his

counsel and also the Assistant Engineer appearing on behalf of

the 2nd respondent. The dispute is with regard to drawing of line

to the residence of K.J.Elikutty-5th respondent. Now the line is

drawn through the property of the petitioner. The contention

raised by the petitioner is that there is a common road used by

all the respondents including the 4th and 5th respondents and line

can be drawn through this common road. The representative of

the Electricity Board submitted that there is no difficulty to draw

the line through the common road. The 4th respondent has no

objection in drawing the line in that manner. The representative

of the Electricity Board submitted that one more post has to be

provided which will involve expenditure of Rs.3,217.86. He also

submitted that nobody has any objection in drawing the line

through the common road. After discussion, the petitioner as

W.P.(C).No.18928/2008
2

well as the 4th respondent submitted that they will equally meet

the expenditure relating to the additional post. Accordingly, all

parties agreed that they have no objection in drawing the line

through the common road by meeting additional expenditure

equally by the petitioner and the 4th respondent. Representative

of the Electricity Board also agreed that the connection will be

given within a period of ten days from today.

The matter is settled as above. An Award is passed

accordingly.

P.K.SHAMSUDDIN
(RETD. JUDGE, HIGH COURT OF KERALA)

K.N.SATHEESAN
(RETD. DISTRICT JUDGE)
dvs