IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 WA.No. 849 of 2000(E) --------------------- AGAINST THE JUDGEMENTIN OP.18059/1995 Dated 13/01/2000 .................... APPELLANT(S): -------------- THE THIRUVALLA EAST CO-OPERATIVE BANK LTD. NO.3260, REP. BY ITS GENERAL MANAGER. BY ADV. SRI.P.RAVINDRAN, SENIOR ADVOCATE RESPONDENT(S): --------------- 1. THE KERALA CO-OPERATIVE TRIBUNAL, TRIVANDRUM. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES GENERAL, THIRUVALLA. 3. ABRAHAM ALEXANDER, S/O.LATE ABRAHAM, PUTHENPURACKAL VEEDU, MALLAPPALLY WEST, PATHANAMTHITTA. R1&2 BY GOVT. PLEADER R3 BY ADV. SRI.T.S.JOHN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... Writ Appeal No.849 of 2000 .................................................................... Dated this the 1st day of October, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed by the appellant-Co-operative Bank challenging the judgment of the learned Single Judge upholding the finding of the Co-operative Tribunal that the borrower who has taken agricultural loan is entitled to benefit under the Kerala Co-operative Agricultural and Rural Debt Relief Scheme, 1990. The appellant's contention is that the appellant is an Urban Co-operative Bank and therefore, the borrower is not entitled to benefit of the scheme. However, on facts the Tribunal found that the loan is agricultural loan which is not denied by the appellant. Appellant's claim that it is an Urban Bank which is not bound to give the incentive under the Scheme to the borrower is turned down by the learned Single Judge by holding that primarily appellant is a Primary Co-operative Society under the Kerala Co-operative Societies Act and it has taken RBI's approval for the banking business. Even though counsel for the appellant contested the findings of the 2 learned Single Judge, we do not find any ground to interfere with the finding of the Tribunal confirmed by the learned Single Judge. Consequently Writ Appeal is dismissed. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms