IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 WP(C).No. 28712 of 2004(R) -------------------------- PETITIONER: ------------ NANDINI VELAYUDHAN, PLAMUDI, PAMPALAYAM HOUSE, KOTHAMANGALAM. BY ADV. SRI.K.SUNILKUMAR RESPONDENTS: ------------- 1. KOTTUPPADY SERVICE CO-OPERATIVE BANK, KOTTAPPADY P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT. 2. THE KERALA CO-OPERATIVE TRIBUNAL THIRUVANANTHAPURAM. 3. THE SALE OFFICER, KOTHAMANGALAM CO-OPERATIVE SANGH, KOTHAMANGALAM. R1 BY ADV. SRI.M.M.MONAYE SRI.M.PAUL VARGHESE SRI.M.S.BREEZ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT IN R.D.NO. 194/03 DATED 16.10.2003 EXT.P2 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 3RD RESPONDENT IN E.A.NO. 940/02 DATED 13.9.2004 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR & T.R. RAMACHANDRAN NAIR, JJ. -------------------------------------------- W.P.C. No. 28712 OF 2004 -------------------------------------------- Dated this the 10th day of March, 2008 JUDGMENT C.N. Ramachandran Nair,J. Since the issue raised as to whether the arbitrator has right to fix interest at their discretion under Rule 67(7)(b) of the Kerala Co- operative Societies Rules read with Section 69 of the Kerala Co-op. Societies Act is covered against the petitioner vide decision of a Division Bench of this Court in KERALA STATE CO-OP. BANK LTD. V. KERALA CO-OP. TRIBUNAL, (2005) 1 K.L.T. 572, this W.P. is dismissed following the said judgment. (C.N.RAMACHANDRAN NAIR) Judge. (T.R.RAMACHANDRAN NAIR) Judge. kk