IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 WP(C).No. 13812 of 2007(T) ------------------------------------- PETITIONER: ----------------- V.N.GOPALAKRISHNAN NAIR, AGED 70 YEARS, S/O.LATE V.K.NARAYANAN NAIR, KANNEZHATHUVEEDU,PRESENTLY RESIDING AT VALPARAMBATH,PALLIPPURAM P.O.,CHERTHALA. BY ADV. SRI.G.D.PANICKER RESPONDENTS: ---------------------- 1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETI- ES (GENERAL),ALAPPUZHA. 2. ASSISTANT RGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),CHERTHALA. 3. PALLIPPURAM SERVICE CO-OPERATIVE BANK LTD NO.1308,PALLIPPURAM.PO., CHERTHALA TALUK,REPRE SENTED BY ITS SECRETARY. 4. THE BOARD OF DIRECTORS, PALLIPPURAM SERVICE CO-OPERATIVE BANK LTD NO.1308, PALLIPPURAM REPRESENTED BY ITS PRESIDENT. GOVERNMENT PLEADER SMT. M.K.PUSHPALATHA R3 AND R4 BY ADVS. SRI.V.G.ARUN SRI.T.R.HARIKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 13812/2007 T APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE AWARD DT. 7/4/2003. EXT.P2. COPY OF THE ORDER DT. 18/12/2006. EXT.P3. COPY OF THE ORDER DT. 22/12/2006. EXT.P4. COPY OF THE REPRESENTATION DT. 22/1/2007. EXT.P5. COPY OF THE LETTER DT. 30/1/2007. EXT.P6. COPY OF THE REPRESENTATION DT. 12/3/2007. RESPONDENT'S EXHIBITS NIL. True copy tga THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.13812 OF 2007 ------------------------------------------- Dated this the 4th day of February, 2008 JUDGMENT Heard learned counsel for the petitioner, Learned standing counsel for the Bank as also learned Government Pleader for respondents 1 and 2. Petitioner was a debtor of the third respondent. He paid off the debts, including the accruals. Thereafter, he claimed the benefit of certain circulars and sought re-reimbursement. That issue came up before the Adalath held by the co-operative department. Both parties, going by Ext.P3, agreed that the rate of interest that can be levied on the petitioner could be 10%. Accordingly, the Registrar issued orders for return of the amount paid in excess. Petitioner's complaint is that Ext.P3 has not been obeyed by the Bank. Learned counsel for the Bank, however, submits that Ext.P3 is the result of an error and mistake and therefore, the Bank has filed application for re-consideration of Ext.P3. WPC.13812/07 Page numbers In the aforesaid circumstances, this writ petition is disposed of directing that any application of the third respondent for re-consideration of Ext.P3 shall be take up, considered and disposed of in accordance with law within 45 days from now and the third respondent shall obey the directions on the basis of such order and release any amount that may be due to the petitioner, if so ordered, within an outer limit of another 45 days. All other issues are left open. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.