IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 10025 of 2009(W) --------------------------------------- PETITIONER(S): ---------------------- MANOJ, S/O.GOPALAN NAIR, AGED 32 YEARS, KALANJAZHIKATHU VEEDU, KAIKULANGARA, KOLLAM. BY ADV. MR.K.S.MANU (PUNUKKONNOOR) MR.P.SREEKUMAR RESPONDENT(S): ------------------------ 1. KOLLAM URBAN CO-OPERATIVE BANK NO.960, HEAD OFFICE Y.M.C.A. ROAD, KOLLAM, REPRESENTED BY THE MANAGER. 2. GOPALAN NAIR, KALANJAZHIKATHU VEEDU, KAIKULANGARA, KOLLAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2009, ALONG WITH WPC.10026 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).Nos.10025/2009-W & 10026/2009-W = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 27th day of March, 2009. JUDGMENT The petitioners are debtors of the first respondent. They suffered arbitration awards under the KCS Act. They challenged those awards before the Tribunal. Affirming the awards to the extent of the principal amount and modifying the interest component, the Tribunal has permitted the petitioners to make the payment at rates which could enable them to pay off the amounts in more than 12 instalments. In the case of the petitioner in WP(C).10025/09, he has to pay an amount of Rs.2 lakhs with 20.5% from 9.8.2000. This means that if the amounts are paid at the rate of Rs.20,000/- per month as fixed by the Tribunal, the petitioner would get may be more than 15 instalments. Similar is the case of the petitioner in WP(C).10026/09 where the principal WP(C)10025 & 10026/09 -: 2 :- amount is Rs.1,40,000/- with interest accruing at the aforesaid rate from 20.2.1998. Either way, there is no jurisdictional error or legal infirmity to modify the awards to grant the petitioners more softened instalment rates. It will not be in the interest of any person to continue to pay the instalments at high rate of interest. Whatever that be, the Tribunal has been quite generous in granting instalment relief and no further indulgence is called for. These writ petitions fail. They are accordingly dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/270309