IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 10742 of 2007(D)
1. K.J.MATHEW, S/O.JOHN, KADALIKATTIL
... Petitioner
Vs
1. SECRETARY,
... Respondent
2. SPECIAL SALE OFFICER,
3. REGISTRAR OF CO-OPERATIVE SOCIETIES,
4. STATE OF KERALA,
For Petitioner :SRI.M.P.KRISHNAN NAIR
For Respondent :SRI.M.P.MADHAVANKUTTY
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :10/06/2008
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
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W.P.(C) NO.10742 OF 2007(D)
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Dated this the 10th day of June, 2008
J U D G M E N T
This writ petition is filed challenging Ext.P1 award
passed under the Kerala Co-operative Societies Act, 1969 and
Ext.P2 order of the Tribunal modifying the award to some extent
in favour of the petitioner. The transaction is not disputed. The
principal amount borrowed is not disputed. The agreed rate of
interest is also not disputed. The jurisdictions of the Tribunal and
the Arbitrator are not questioned. So much so, there is not much
in the records, to interfere.
2. Be that as it may, the learned counsel for the
petitioner contended that in terms of Ext.P3 circular of the
Registrar, the total amount of interest that could be recovered
could not exceed the principal amount and that the rate of
interest has to be further trimmed down to meet the ends of
justice. Per contra, the learned counsel for the bank stated that
WP(C) No.10742/2007(D)
– 2 –
Ext.R1(a) circular has replaced Ext.P3 and the circulars by
themselves cannot be specifically applied since different
circulars would govern the proceedings.
3. In view of the above, it appears that there is not
much dispute between the parties that even if the award is
passed, the relevant circular would apply. Therefore,
particularly, because the petitioner as a senior citizen, the
executing authority can apply the latest relevant circular to
re-determine the interest and finally fix the total amount due
under the award and the decision of the Tribunal, after
applying the circular that may be found applicable.
4. The petitioner has made certain payments during
the pendency of this writ petition. It is also stated that he
had made certain payments even during the proceedings
before the Tribunal or Arbitrator thereafter. Further, it has to
be noted that this Court is not to enter on an adjudication
between the parties to fix the total amount to be recovered.
WP(C) No.10742/2007(D)
– 3 –
This, essentially, would be best fixed by the second
respondent, sale officer.
5. In the aforesaid circumstances, the petitioner is
directed to appear before the second respondent who will
hear the petitioner and the appropriate authority for the first
respondent bank and take a decision as to the amounts in
terms of the circulars and on such amounts being fixed, the
petitioner will be given eight instalments to pay off the
entire outstandings, including accruals thereon.
Repelling the contentions against the impugned Exts.P1
and P2, the writ petition is ordered with the aforesaid
directions.
THOTTATHIL B. RADHAKRISHNAN,
JUDGE
skr/11/6/08