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High Court of KeralaWP(C)/25417/2012disposed of

N.Mohammed v. Bank Of India

2015-06-26Honourable Smt. Justice P.V.Asha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE SMT. JUSTICE P.V.ASHA FRIDAY, THE 26TH DAY OF JUNE 2015/5TH ASHADHA, 1937 WP(C).No. 25417 of 2012 (B) ---------------------------- PETITIONER:

----------- N.MOHAMMED S/O LATE PAKEERA SAHIB, PARAPEEDIKA HOUSE, MULIYAR P.O BOVIKKANAM, KASARAGODE.

BY ADV. SRI.K.PRAVEEN KUMAR RESPONDENT:

----------- BANK OF INDIA, M.G. ROAD, KASARAGODE BRANCH REPRESENTED BY ITS MANAGER.

R1 BY ADV. SRI.C.A.JOY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 25417 of 2012 (B) A P P E N D I X PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE PETITION FILED BY THE RESPONDENT BEFORE THE DISTRICT LEGAL SERVICES AUTHORITY, KASARAGODE DT.9.6.2012. EXT.P2: TRUE COPY OF THE AWARD DT.30.07.2012. EXT.P3: TRUE COPY OF THE RECEIPT EVIDENCING THE PAYMENT OF RS.3 LAKHS ON 3.12.2012.

EXT.P4: TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER. EXT.P5: TRUE COPY OF THE NOTICE ISSUED BY THE BANK. EXT.P6: TRUE COPY OF THE RECEIPT DT.9.4.2015. EXT.P7: TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER DT.9.4.2015.

RESPONDENT'S EXHIBITS NIL.

/TRUE COPY/ P.S TO JUDGE

P.V.ASHA, J.

----------------------------------------------------- W.P(c) No.25417 of 2012-B ---------------------------------------------------- Dated this the 26th day of June, 2015

JUDGMENT

When the Writ Petition came up for hearing, the learned counsel for the petitioner submitted that the entire amount due to the bank has been paid. On the other hand, the learned counsel appearing for the respondent pointed out that the petitioner has not paid the interest due. Both the parties are of the view that the matter can be settled before the District Adalat. 2.

In the above circumstances, since the matter was already considered in Lok Adalat Case No.168 of 2012 at the instance of the District Legal Services Authority, Kasaragod, by which the matter was settled on condition that the petitioner shall pay a sum of Rs.6 lakhs on or before 31.10.2012, the learned counsel for the petitioner submitted that the matter may be referred to the Lok Adalat so that the interest portion can be settled therein. According to the learned counsel for the respondent, the payment was not made within the time limit prescribed in the award.

3.

Under such circumstances, the case is referred to the

W.P(c) No.25417 of 2012-B Lok Adalat, Kasaragod. The Lok Adalat will consider the question of interest payable by the petitioner on account of the delay in effecting payment.

With the above observations, this Writ Petition is disposed of.

Sd/- (P.V.ASHA, JUDGE) rtr/