IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 23369 of 2004(F) -------------------------- PETITIONER(S): --------------- KERALA STATE CO-OPERATIVE BANK LTD., TRIVANDRUM, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.V.G.ARUN RESPONDENT(S): --------------- 1. THE KERALA CO-OPERATIVE TRIBUNAL TRIVANDRUM. 2. SRI.A.NOUSHAD, KALAVARA HOUSE, PUNNATHALA CHERRY, KOLLAM-7. ADV. SRI.P.N.RAMAKRISHNAN NAIR FOR R2 SRI.P.VISWANATHAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23369/2004 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE AWARD IN ARC NO.36/2001 DATED 19/02/2002 OF THE ARBITRATOR. P2 : COPY OF THE ORDER IN R.P.NO.68/2002 DATED 24/02/2003 OF THE TRIBUNAL. //TRUE COPY// PA TO JUDGE. jg K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ------------------------- WP(C) No.23369 of 2004 --------------------------------- Dated, this the 23rd day of October, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner challenges Ext.P2 order of the Kerala Co-operative Tribunal, Thiruvananthapuram in R.P.68/2002. The Arbitrator has passed Ext.P1 award permitting the petitioner to recover an amount of Rs.1,70,274/- with interest at the rate of 18% per annum from 01/10/2000 to 18/02/2002 and with future interest at the rate of 6% per annum from 19/02/2002. But by the impugned order, Ext.P2, the Tribunal reduced the interest to 6% per annum from the date of the suit till date of realisation. Therefore, this writ petition is filed by the petitioner challenging Ext.P2 order of the Tribunal. 2. The point raised by the petitioner is covered by the decision of this Court in Kerala State Co-operative WP(C) No.23369/2004 -2- Bank Limited Vs. Kerala Co-operative Tribunal, reported in 2005(1) KLT 572. Accordingly, Ext.P2 is quashed. The Tribunal shall pass fresh orders in the matter after hearing both sides, in the light of the aforementioned decision. The parties shall appear before the Tribunal on 24/11/2008. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) jg