IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 WA.No. 2940 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.27487/2009 Dated 30/09/2009 .................... APPELLANT: -------------- VADAKARA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.1857, KAKKATTIL.P.O., KOZHIKODE DIST., REP. BY ITS SECRETARY. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): --------------- 1. KERALA CO-OPERATIVE TRIBUNAL, TRIVANDRUM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOZHIKODE. 3. P.RADHAKRISHNAN, S/O.CHANDU NAIR, PAVOOR HOUSE, THAROPOLI.P.O., PONMERI(VIA), KOZHIKODE. R1&R2 BY G.P. SRI.T.K.VIPINDAS THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... Writ Appeal No.2940 of 2009 .................................................................... Dated this the 5th day of January, 2010. JUDGMENT Ramachandran Nair, J. Heard Standing Counsel appearing for the appellant in the Writ Appeal. We have gone through the judgment and the award impugned in the judgment which was confirmed by the Tribunal. After hearing the Standing Counsel and after going through the award that is confirmed by the Tribunal, we notice that the rate of interest charged itself is 15% and the loan availed by the defaulter was for purchase of a tractor for agricultural operations. All what the Joint Registrar has done is to declare that charging of penal interest on interest is illegal and he ordered refund of excess collection of interest which is below Rs.20,000/-. We do not find any justification to interfere with the 2 judgment of the learned Single confirming the order of the Tribunal. Writ Appeal is, therefore, dismissed. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms