IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 WP(C).No. 8959 of 2006(N) ------------------------- AGAINST THE ORDER IN EP 99 2004 IN ARC.1798/2003 of SUB COURT, HOSDRUG .................... PETITIONER: --------------- PUTHIYA VEETTIL KARICHI @ NARAYANI, D/O.KADUNGAN, THATTACHERY, NILESHWAR VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT. BY ADV. SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE SRI.PAUL MATHEW (PERUMPILLIL) RESPONDENT: --------------- THE NILESHWAR SERVICE CO-OPERATIVE BANK LTD., NILESHWAR P.O., HOSDURG TALUK, REPRESENTED BY ITS SECRETARY. SRI.V.G.ARUN FOR R1 SRI.T.R.HARIKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.8959'/2006 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE COMMISSION APPLICATION ALONG WITH E.A.NO.238/2005 IN E.P.NO.99/04. EXT.P2 TRUE COPY OF THE EXECUTION PETITION FILED BY THE RESPONDENT ALONG WITH THE ENTIRE PROEEDINGS OF THE COURT BELOW IN E.P.NO.99/04 IN ARC.NO.1798/03. HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.8959 OF 2006 ---------------------------- DATED THIS THE 4TH DAY OF MARCH, 2009 JUDGMENT Petitioner suffered an award passed against her. The Co- operative Bank was allowed to recover the principal amount of Rs.90,000/- with interest at the rate of 22% per annum by the award in E.P.No.99/04 in ARC.No.1798/03 on the file of the Sub Court, Hosdurg. According to the petitioner, the property is worth more than 12 lakhs and the amount due under the award is less than 2 lakhs. 2. The prayers in this writ petition are to quash Ext.P2, to set aside the order dated 20/2/2006 in E.A.No.238/05 in E.P.No.99/2004 in ARC.No.1798/2003 and to direct the court below to reconsider the commission application. 3. Heard both sides. 4. When the matter was taken up for final hearing this Court suggested to the learned counsel for the respondent-Bank to settle the matter by making some adjustments with regard to the -2- W.P.(C)No.8959/2006 realisation of interest etc. This Court also asked the counsel for the Bank to include the petitioner's case in any one of the Schemes followed by the Bank. The interest now realised is 19% + 3% penal interest. The Bank shall see whether the interest can be reduced to a reasonable limit and also to reduce the award amount to the extent possible. The petitioner shall submit a representation to the Bank within three weeks from today, whereupon the Bank shall consider the representation and pass appropriate orders in accordance with law, within two months from the date of receipt of the representation. Recovery proceedings shall be kept in abeyance, till a decision is taken by the Bank. The amount remitted in compliance with the interim order and on other occasions, if any, shall be adjusted in the amount payable by the petitioner. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv.