IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 W.P(C).No. 26708 of 2006(D) -------------------------- PETITIONERS: ------------ 1. JOY JAVANSIOUS, S/O. DEVASY, KOIMAKAD HOUSE, KANAYANNUR TALUK, ELAMKULAM VILLAGE, KALOOR, KOCHI-17. 2. DEVASY, KOIMAKAD HOUSE, KANAYANNUR TALUK, ELAMKULAM VILLAGE, KALOOR, KOCHI-17. BY ADV. SRI.P.J. MATHEW RESPONDENTS: ------------- 1. THE KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ERNAKULAM, KOCHI-16. 3. THE ARBITRATOR FOR PEOPLES URBAN CO- OPERATIVE BANK LTD., NO.51, ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KANAYANNUR, KOCHI-16. 4. THE SPECIAL SALE OFFICER, PEOPLES URBAN CO-OPERATIVE BANK LTD., NO.51, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KANAYANNUR. 5. PEOPLES URBAN CO-OPERATIVE BANK LTD., NO.51, REPRESENTED BY THE GENERAL MANAGER, THRIPUNITHURA P.O., ERNAKULAM DISTRICT. 6. THE MANAGER, PEOPLES URBAN CO-OPERATIVE BANK LTD., NO.51, KATHRIKADAVU BRANCH, KALOOR, KOCHI-17. BY ADV. SRI.T.A.RAJAN -R5 & R6 SRI.JAYAKUMAR C.K. - R5 & R6 SRI. MOHAMED ANZAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 26708 /2006 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPY OF THE AWARD PASSED BY THE 2ND RESPONDENT DATED 16/01/2002. EXHIBIT P2 : TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT IN R.P. NO.134/2003 DATED 11/12/2003. EXHIBIT P3 : TRUE COPY OF THE E.A. DEMAND NOTICE ISSUED BY THE 4TH RESPONDENT DATED 10/06/2004. EXHIBIT P4 : TRUE COPY OF THE JUDGMENT IN W.P(C) 24036/04-J DATED 3/12/2004. EXHIBIT P5 : TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 24/08/2005. EXHIBIT P6 : TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 4TH RESPONDENT DATED 13/09/2006. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE RESPONDENT BANK DATED NIL. /TRUE COPY/ P.A. TO JUDGE scm KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.26708 of 2006 ----------------------------------------- Dated this the 1st day of September, 2008 JUDGMENT The challenge is on Ext.P5 order of the Co-operative Tribunal. The grievance essentially pertains to the rate of interest. It is now settled law that the interest need not be fixed at 6% uniformly. Fixation of interest has to be considered on a case to case basis. The learned Government Pleader submits that all such cases have been remitted to the Tribunal for fresh consideration. Therefore Ext.P5 is set aside and the matter is remitted to the Co-operative Tribunal, Trivandrum for fresh consideration in accordance with law. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.26708 of 2006 ----------------------------------- JUDGMENT 1st September, 2008