IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23369 of 2004(F)
1. KERALA STATE CO-OPERATIVE BANK LTD.,
... Petitioner
Vs
1. THE KERALA CO-OPERATIVE TRIBUNAL
... Respondent
2. SRI.A.NOUSHAD, KALAVARA HOUSE,
For Petitioner :SRI.V.G.ARUN
For Respondent :SRI.P.N.RAMAKRISHNAN NAIR
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :23/10/2008
O R D E R
K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ.
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WP(C) No.23369 of 2004
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Dated, this the 23rd day of October, 2008
J U D G M E N T
Balakrishnan Nair, J.
The petitioner challenges Ext.P2 order of the Kerala
Co-operative Tribunal, Thiruvananthapuram in R.P.68/2002.
The Arbitrator has passed Ext.P1 award permitting the
petitioner to recover an amount of Rs.1,70,274/- with
interest at the rate of 18% per annum from 01/10/2000 to
18/02/2002 and with future interest at the rate of 6% per
annum from 19/02/2002. But by the impugned order,
Ext.P2, the Tribunal reduced the interest to 6% per annum
from the date of the suit till date of realisation. Therefore,
this writ petition is filed by the petitioner challenging Ext.P2
order of the Tribunal.
2. The point raised by the petitioner is covered by
the decision of this Court in Kerala State Co-operative
WP(C) No.23369/2004
-2-
Bank Limited Vs. Kerala Co-operative Tribunal,
reported in 2005(1) KLT 572. Accordingly, Ext.P2 is
quashed. The Tribunal shall pass fresh orders in the matter
after hearing both sides, in the light of the aforementioned
decision. The parties shall appear before the Tribunal on
24/11/2008.
The writ petition is disposed of as above.
(K.BALAKRISHNAN NAIR, JUDGE)
(M.C.HARI RANI, JUDGE)
jg