IN THE HIGH COURT OF KERALA AT ERNAKULAM OP.No. 26528 of 2002(G) 1. PONNIYAM SERVICE CO-OPERATIVE BANK LTD., ... Petitioner Vs 1. THE STATE OF KERALA, REPRESENTED BY ITS ... Respondent 2. THE PRINCIPAL SECRETARY (FINANCE) 3. DISTRICT TREASURY OFFICER, KANNUR. For Petitioner :SRI.M.SASINDRAN For Respondent : No Appearance The Hon'ble MR. Justice S.SIRI JAGAN Dated :14/01/2009 O R D E R S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 26528 of 2002 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 14th January, 2009. J U D G M E N T
Petitioner is a co-operative society. Pursuant to a direction from
the Department of Co-operation of the Government of Kerala, the
society made a fixed deposit of a sum of Rs.15,32,300/- with the
Government on 13-7-2001, which was renewed with effect from 17-6-
2001 for a period of one year. The rate of interest assured for the
deposit was 13% p.a. The deposit became due for payment to the
petitioner on 17-6-2002. On maturity of the deposit, the petitioner
approached the 3rd respondent for payment of the amount. However,
on account of restriction of Treasury payments, the amount was not
paid. Ultimately, the amount was paid only on 12-8-2002. However,
the interest as on the date of payment was not paid, but interest was
paid only up to the date of maturity, namely, 17-6-2002. The
petitioner submits that since the non-payment was not due to any fault
of the petitioner, the petitioner was entitled to interest up to the date
of payment and therefore the respondents are liable to pay to the
petitioner interest on the above said amount for the period from 17-6-
2002 to 12-8-2002 also.
2. Learned Government Pleader, on instructions, submits that
as per G.O(Rt) No. 1613/03/Fin. dated 5-3-2003, the Government has
already issued orders directing payment of interest up to the date of
payment also. Counsel for the petitioner does not have any
information regarding the same. In the above circumstances, the
original petition is disposed of with a direction to the respondent to
see that the interest for the period from 17-6-2002 to 12-8-2002 is
also paid to the petitioner, if not already paid, as expeditiously as
O.P. No. 26528/2002. -: 2 :-
possible, at any rate, within one month from the date of receipt of a
copy of this judgment.
Sd/- S. Siri Jagan, Judge.
Tds/