IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 OP.No. 26528 of 2002(G) ----------------------- PETITIONER(S): --------------- PONNIYAM SERVICE CO-OPERATIVE BANK LTD., NO.F.1438, PONNIYAM (E), REPRESENTED BY ITS SECRETARY, A.K.NARENDRAN, S/O. K.M.NARAYANA KURUP BY ADV. SRI.M.SASINDRAN SRI.T.P.ELDHO RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY (FINANCE) FINANCE DEPARTMENT, THIRUVANANTHAPURAM. 3. DISTRICT TREASURY OFFICER, KANNUR. GOVT. PLEADER SMT. K.R. DEEPA. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: O.P.NO. 26528/2002. ----------------------------------------------------------------- EXT.P1 TRUE COPY OF FIXED DEPOSIT RECEIPT. EXT.P2 REPRESENTATION DT. 26-6-2002. EXT.P3 LETTER DT. 25-7-2002. EXT.P4 LETTER DT. 12-8-2002. EXT.P4(a) OBJECTION STATEMENT DT. 12-8-2002. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 26528 of 2002 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 14th January, 2009. J U D G M E N T Petitioner is a co-operative society. Pursuant to a direction from the Department of Co-operation of the Government of Kerala, the society made a fixed deposit of a sum of Rs.15,32,300/- with the Government on 13-7-2001, which was renewed with effect from 17-6- 2001 for a period of one year. The rate of interest assured for the deposit was 13% p.a. The deposit became due for payment to the petitioner on 17-6-2002. On maturity of the deposit, the petitioner approached the 3rd respondent for payment of the amount. However, on account of restriction of Treasury payments, the amount was not paid. Ultimately, the amount was paid only on 12-8-2002. However, the interest as on the date of payment was not paid, but interest was paid only up to the date of maturity, namely, 17-6-2002. The petitioner submits that since the non-payment was not due to any fault of the petitioner, the petitioner was entitled to interest up to the date of payment and therefore the respondents are liable to pay to the petitioner interest on the above said amount for the period from 17-6- 2002 to 12-8-2002 also. 2. Learned Government Pleader, on instructions, submits that as per G.O(Rt) No. 1613/03/Fin. dated 5-3-2003, the Government has already issued orders directing payment of interest up to the date of payment also. Counsel for the petitioner does not have any information regarding the same. In the above circumstances, the original petition is disposed of with a direction to the respondent to see that the interest for the period from 17-6-2002 to 12-8-2002 is also paid to the petitioner, if not already paid, as expeditiously as O.P. No. 26528/2002. -: 2 :- possible, at any rate, within one month from the date of receipt of a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/