IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 WP(C).No. 16291 of 2008(M) -------------------------- PETITIONER: ------------ JAYAPRAKASH, S/O.BHASKARAN JALAJALAYAM KILIKOLLOOR, KOLLAM BY ADV. SRI.B.S.SIVAJI RESPONDENTS: ------------- 1. KOLLAM DISTRICT CO.OP.BANK LTD., KILIKOLLOOR BRANCH,KOLLAM DISTRICT REP. BY ITS BRANCH MANAGER 2. GENERAL MANAGER, KOLLAM DISTRICT CO.OP. BANK LTD.,HEAD OFFICE, KOLLAM. BY ADV.SRI.B.VINOD, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P.(C).No.16291 OF 2008 ------------------------------------------- Dated this the 2nd day of June, 2008 JUDGMENT Ext.P1 is only a notice intimating the total outstandings due under a cash-credit facility and notifying that on default of payment, proceedings for recovery, including by way of arbitration, will be initiated. The plea of the petitioner is that the rate of interest claimed is exorbitant. Applicability of the rate of interest depends upon different factors as are recognised in law, including the terms of the contract, necessary provisions of the relevant statutes and other matters which govern the demand and recovery of interest. Merely because a demand notice has been issued, aid of this Court is not called for, since, the parties can agitate all their grievances before the appropriate forum in the event of arbitration or when any mode of recovery is resorted. The writ petition is, hence, dismissed without prejudice to contentions on merits. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.