IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 24701 of 2004(N) -------------------------------------- PETITIONER: ----------------- THE CHAKKUVARAKKAL SERVICE CO-OPERATIVE BANK LTD.NO.1521, CHAKKUVARAKKAL P.O., KOTTARAKKARA, KOLLAM, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.B.SURESH KUMAR SMT.C.G.PREETHA RESPONDENTS: ---------------------- 1. THE KERALA STATE CO-OPERATIVE MARKETING FEDERATION LTD., REGIONAL OFFICE, THYCAUD P.O., THIRUVANANTHAPURAM 695 014, REPRESENTED BY ITS ASSISTANT MANAGER. 2. THE ASSISTANT REGISTRAR/SPECIAL ARBITRATOR CUM SALE OFFICER, KERALA STATE CO-OPERATIVE MARKETING FEDERATION LTD. NO.F 1107, ERNAKULAM. 3. THE KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM. ADV. SRI.P.PARAMESWARAN NAIR FOR R1 ADV. SRI.K.P.DANDAPANI (SR.) FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 24701/2004-N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPLICATION DATED 08/08/1991 FILED BY THE 1ST RESPONDENT BEFORE THE 2ND RESPONDENT. EXT.P2: COPY OF THE GIST OF THE AWARD DATED 31/05/1993 PASSED BY THE 2ND RESPONDENT. EXT.P3: COPY OF THE ORDER DATED 31/08/1995 IN A.P. NO.115/1994 PASSED BY THE KERALAL CO-OPERATIVE TRIBUNAL. EXT.P4: COPY OF THE GIST OF THE AWARD DATED 07/06/1999 IN ARC. NO.12/1991 PASSED BY THE 2ND RESPONDENT. EXT.P5: COPY OF THE AREVISION PETITION NO.70/2001 DATED 06/04/2001 FILED BY THE 1ST RESPONDENT BEFORE THE KERALA CO-OPERATIVE TRIBUNAL. EXT.P6: COPY OF THE ORDER DATED 30/09/2002 IN R.P. NO.70/2001 PASSED BY THE KERALA CO-OPERATIVE TRIBUNAL. EXT.P7: COPY OF THE ORDER DATED 10/12/2003 ISSUED BY THE REGISTRAR OF CO- OPERATIVE SOCIETIES . EXT.P8: COPY OF THE STATEMENT DATED 16/01/2004 FILED BY THE COUSEL FOR THE FIRST RESPONDENT BEFORE THE KERALAL CO-OPERATIVE TRIBUNAL. EXT.P9: COPY OF THE ORDER DATED 13/02/2004 IN RP. NO.70/2001 PASSED BY THE KERALA CO-OPERATIVE TRIBUNAL. EXT.P10: COPY OF THE COMMUNICATION DATED 07/08/2004 ISSUED TO THE SOCIETY BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.24701 OF 2004 --------------------------------------- Dated this the 29th day of September, 2008. J U D G M E N T The admitted position before the Co-operative Tribunal by the first respondent is that the petitioner need pay only 6% interest on the defaulted principal amount. There is no dispute that the defaulted principal amount is only Rs.53,927.11/-. Therefore, the Tribunal committed an error in directing the petitioner to pay interest on the suit amount. 2. There is already an interim order in terms of the admitted position referred to above. Therefore, this writ petition is disposed of in terms of the interim order making it clear that in case the petitioner has complied with the interim order, there shall be no further liability. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 24701 OF 2004 J U D G M E N T 29.09.2008