IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 16TH MARCH 2007 / 25TH PHALGUNA 1928 OP.No. 38948 of 2001(J) ----------------------- PETITIONER: ------------------- KERALA STATE CO-OPERATIVE BANK LTD REPRESENTED BY ITS MANAGING DIRECTOR, CO-BANK TOWERS, PALAYAM THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR BY ADV. SRI.T.R.RAMACHANDRAN NAIR SRI.KOSHY GEORGE RESPONDENTS: --------------------- 1. M/S CHECKMATEGARDENS , THIRUMULLAVARAM KOLLAM, REPRESENTED BY ITS MANAGING PARTNER 2. G.GIRI,'GANGO' MUNDAKKAL P.O KOLLAM,(MANAGING PARTNER, CHECKMATE GARDENS, THIRUMULLAVARAM KOLLAM) 3. G.GIRIJA(PARTNER, CHECKMATE GARDENS) 'GANGO' MUNDAKKAL P.O, KOLLAM 4. THE KERALA CO-OPERATIVE TRIBUNAL TRIVANDRUM 5. KERALA FINANCIAL CORPORATION VELLAYAMBLAM, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING DIRECTOR BY ADV. SRI.P.B.SURESH KUMAR SRI.V.B.UNNIRAJ THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 16/03/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P No. 38948/2001 APPENDIX PETITIONER'S EXHIBITS Ext.P1: True copy of the award in ARC 28/96 Ext.P2: True copy of the Order in R.P No.33/2000 of theCo-op Tribunal , Trivandrum //True copy// es KURIAN JOSEPH, J. ----------------------------------------- O.P.No. 38948 of 2001 ----------------------------------------- Dated this the 16th day of March, 2007 JUDGMENT In view of the judgment of this court regarding rate of interest, in Kerala State Co-operative Bank Ltd. v. Kerala Co.operative Tribunal, 2005 (1) KLT 572, in any case the matter has to be reconsidered by the Tribunal. I set aside Ext.P2. The matter is remitted to the Tribunal to pass fresh orders in the light of the decision referred to above. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. O.P.NO.38948/2001 JUDGMENT 16th March, 2007