IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 RP.No.345 of 2008(M) --------------------------- AGAINST THE JUDGEMENT IN WPC.23230/2006 Dated 27/07/2007 .................... REVIEW PETITIONER/PETITIONER: ------------------------------------------ ALLIANCE GRAIN PRODUCTS (P) LTD. PALATHARA, THATTAMALA, KOLLAM, REPRESENTED BY ITS MANAGER, SRI. AMEENUDDIN. BY ADV. SRI. BECHU KURIAN THOMAS RESPONDENTS/RESPONDENTS: ------------------------------------- 1. KERALA FINANCIAL CORPORATION DISTRICT OFFICE, KOLLAM. 2. THE CHIEF MANAGER KERALA FINANCIAL CORPORATION, DISTRICT OFFICE KOLLAM. 3. THE DEPUTY TAHSILDAR (R.R) KERALA FINANCIAL CORPORATION, KOLLAM. BY SRI. ABUL HASSAN, SC, KFC. THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 26/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH, J. ----------------------------------------- Review Petition No.345 OF 2008 IN W.P.(C) No.23230 OF 2006 ------------------------------------------ Dated this the 26th day of November, 2008. O R D E R This is a petition to review the judgment dated 27.07.2007 in W.P.(C) No.23230/2006. The writ petitioner is the review petitioner. The writ petition was disposed of reserving right of the petitioner to pursue the surviving disputes with regard to statement of accounts before the second respondent. 2. It is submitted that since the petitioner has remitted the entire amounts, there is no justification for levy of penal interest. Learned standing counsel, on the other hand, submits that whether levy is justifiable or not will depend on the facts of each case. 3. Yet another contention of the review petitioner is that claim for reduction in the rate of interest has also to be considered. Learned standing counsel submits that, that also is a grievance which the petitioner can pursue before the second respondent. R.P.No.345/08 2 Therefore, all what is required is to clarify that it will be open to the writ petitioner-review petitioner to pursue the grievances also with regard to exemption from penal interest and claim for reduction in the rate of interest before the second respondent. It is made clear that until the grievances of the petitioner are considered on merits, with notice to the petitioner, there shall be no further recovery. This review petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp R.P.No.345/08 3 KURIAN JOSEPH, J. R.P.No.345 OF 2008 IN W.P.(C) No.23230 OF 2006 O R D E R 26.11.2008