IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 WP(C).No. 10742 of 2007(D) ----------------------------------------- PETITIONER: --------------------- K.J.MATHEW, S/O.JOHN, KADALIKATTIL HOUSE, KATTAMPACK P.O., NEEZHOOR VILLAGE, VAIKOM TALUK. BY ADV. SRI.M.P.KRISHNAN NAIR SRI.V.B.NARAYANAN SMT. UMA SRI.KRISHNAN NANDAKUMAR SRI.WILFRED DAS RESPONDENTS: ------------------------- 1. SECRETARY, THE KAPPUMTHALA SERVICE CO-OPERATIVE BANK LTD.NO.K.142, KAPPUMTHALA P.O., NEEZHOOR, KOTTAYAM DISTRICT. 2. SPECIAL SALES OFFICER, ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, VAIKOM. 3. REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REP.BY SECRETARY, CO-OPERATIVE DEPARTMENT, THIRUVANANTHAPURAM. BY ADV. SRI.M.P.MADHAVANKUTTY - R1 BY GOVERNMENT PLEADER SRI. P.K.RAVIKRISHNAN – R2 TO R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.10742/2007 D APPENDIX PETITIONER'S EXHIBITS; EXT.P1: COPY OF THE AWARD IN FILE NO.2739/2000 PASSED BY THE ARBITRATOR. EXT.P2: COPY OF THE ORDER DTD. 15/12/06 IN R.P.NO.328/05 OF THE KERALA CO-OPERATIVE TRIBUNAL. EXT.P3: COPY OF THE CIRCULAR NO.55/06 DTD. 30/11/06. EXT.P4: COPY OF THE RECEIPT SHOWING PAYMENT OF RS.6000/-. EXT.P4(A): COPY OF THE RECEIPT SHOWING PAYMENT OF RS.24,000/-. RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF CIRCULAR NUMBER 30/2007 DTD. 30/05/2007 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES. EXT.R1(B): COPY OF STATEMENT OF ACCOUNTS OF THE PETITIONER. /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. --------------------------------------------------------- W.P.(C) NO.10742 OF 2007(D) --------------------------------------------------------- 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