High CourtsDivision Bench(2012) 02 KL CK 0073

Thiruvananthapuram Co-Operative Agricultural and Rural Development Bank Ltd. vs K. Sobhanakumari, ''Prasantham'', Mundela P.O., Vellanadu, Thiruvananthapuram 695543 and Others

High Court Of Kerala · Decided on 9 February 2012

HON’BLE JUDGES
C.N. Ramachandran Nair, J · Babu Mathew P. Joseph, J
CASE NUMBER
WA No. 207 of 2012 in WPC/10495 of 2008

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Judgment

6 paragraphs · 235 words

Ramachandran Nair, J

1.

This Writ Appeal is filed by the Bank challenging the judgment of the learned Single Judge granting partial relief to the respondents by way of waiver of interest beyond 31.3.2008.

2.

We have heard the learned counsel appearing for the appellant and also the respondents who took notice on admission.

3.

The Bank''s case is that on default, they sold the property of the respondents and the Bank itself purchased the property. However the sale was not confirmed. The Joint Registrar declined to confirm the sale for the reason that it was not properly made. Before the Single Judge the respondents'' prayer was for one time settlement of liability and in the judgment of the learned Single Judge interest liability was limited to the principal amount. It is against this judgment, this Writ Appeal is filed.

4.

Counsel for the appellant submitted that as against the loan of Rs. 4 lakhs availed, respondents have remitted Rs. 8.25 lakhs. We do not find any merit in the Writ Appeal filed by the Bank because only partial relief is granted by the learned Single Judge, which in our view protects the interest of the Bank. We have seen in this Court several debt cases getting settled on payment of loan with equal amount towards interest.

The Writ Appeal is disposed of confirming the judgment of the learned Single Judge including cancellation of sale.