IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 32463 of 2009(C) -------------------------- PETITIONER(S): --------------- A.LEELA, W/O.KUNHIRAMAN NAIR, VELAZHI HOUSE, BEDAKA P.O., CHENGALA (VIA), KASARAGOD DISTRICT. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, CO-OPERATIVE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KASARAGOD. 3. ASSISTANT REGISTRAR/ARBITRATOR-CUM-SALE OFFICER, KASARAGOD DISTRICT CO-OPERATIVE BANK LTD. KASARAGOD. 4. THE KASARAGOD DISTRICT CO-OPEATIVE BANK LTD.,REPRESENTED BY THE GENERAL MANAGER, KASARAGOD. ADV. SRI.M.SASINDRAN,SC,KASARGOD DIST.CO.BAN FOR R4 GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 32463 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 13th November, 2009. J U D G M E N T The petitioner is a defaulter in repayment of loan amount due from her to the 4th respondent Co-operative Bank. The Bank filed ARC No. 13/2005 for recovery of the amounts due. By Ext. P 2 award dated 27-10-2005, the arbitrator passed an award permitting recovery of the amounts mentioned therein. The petitioner has already paid that amount. The petitioner's contention now is that in the award, the arbitrator allowed the 4th respondent to recover 3% penal interest in addition to the normal interest even for periods subsequent to the award, which, according to the petitioner, is unsustainable. Therefore, the petitioner submits that the petitioner is entitled to refund of the excess interest paid by her. The petitioner therefore seeks the following reliefs: “i) Issue a writ of certiorari or any other appropriate writ, order or direction, quashing Exts.P2, P4, P5 and P6; ii) declare that the rate of interest awarded by the 3rd respondent while passing Ext. P2 award is highly excessive and against the law; iii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 4th respondent to refund the excess amount collected from the petitioner as interest; iv) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 4th respondent to place Ext. P8 request made by the petitioner before the Adalath; v) declare that the petitioner is not liable to pay penal interest for the principle amount with effect from 1.12.1004 as awarded by the 3rd respondent.” 2. I have heard the learned counsel for the petitioner as also the learned counsel for the 4th respondent-Bank. 3. The award is dated 27-10-2005. Despite the availability of a W.P.C. No. 32463/09 -: 2 :- right of appeal to the Co-operative Tribunal against that order, for four years, the petitioner did not find it necessary to challenge the same. The same has become final. Therefore, the petitioner is bound by that award. As such, the petitioner cannot turn around and claim that the petitioner is not bound to pay interest as awarded by the arbitrator. Therefore, I do not find any merit in the writ petition. Accordingly, the writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.