Puthiya Veettil Karichi @ … vs The Nileshwar Service … on 4 March, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 8959 of 2006(N)


1. PUTHIYA VEETTIL KARICHI @ NARAYANI,
                      ...  Petitioner

                        Vs



1. THE NILESHWAR SERVICE CO-OPERATIVE
                       ...       Respondent

                For Petitioner  :SRI.JOBY JACOB PULICKEKUDY

                For Respondent  :SRI.T.R.RAMACHANDRAN NAIR

The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :04/03/2009

 O R D E R
                     HARUN-UL-RASHID,J.
                ---------------------------
                  W.P.(C).NO.8959 OF 2006
                ----------------------------
             DATED THIS THE 4TH DAY OF MARCH, 2009

                            JUDGMENT

Petitioner suffered an award passed against her. The Co-

operative Bank was allowed to recover the principal amount of

Rs.90,000/- with interest at the rate of 22% per annum by the

award in E.P.No.99/04 in ARC.No.1798/03 on the file of the Sub

Court, Hosdurg. According to the petitioner, the property is worth

more than 12 lakhs and the amount due under the award is less

than 2 lakhs.

2. The prayers in this writ petition are to quash Ext.P2,

to set aside the order dated 20/2/2006 in E.A.No.238/05 in

E.P.No.99/2004 in ARC.No.1798/2003 and to direct the court

below to reconsider the commission application.

3. Heard both sides.

4. When the matter was taken up for final hearing this

Court suggested to the learned counsel for the respondent-Bank to

settle the matter by making some adjustments with regard to the

-2-
W.P.(C)No.8959/2006

realisation of interest etc. This Court also asked the counsel for

the Bank to include the petitioner’s case in any one of the

Schemes followed by the Bank. The interest now realised is

19% + 3% penal interest. The Bank shall see whether the

interest can be reduced to a reasonable limit and also to reduce

the award amount to the extent possible. The petitioner shall

submit a representation to the Bank within three weeks from

today, whereupon the Bank shall consider the representation and

pass appropriate orders in accordance with law, within two

months from the date of receipt of the representation. Recovery

proceedings shall be kept in abeyance, till a decision is taken by

the Bank. The amount remitted in compliance with the interim

order and on other occasions, if any, shall be adjusted in the

amount payable by the petitioner.

Writ Petition is disposed of as above.

HARUN-UL-RASHID,
Judge.

kcv.