Appellants (Bank) challenged an order reducing the sum payable by respondents regarding advertisement charges and penal interest. The High Court found no grounds to interfere given the compounded interest paid and lack of evidence for the total charges, dismissing the appeal.
Writ Appeal dismissed. Order dated 26.3.2007 in I.A.3671/07 directed to remain operative.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI
MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930
WA.No. 946 of 2007()
-------------------AGAINST THE ORDER IN I.A.3671/07 IN WPC.32216/2006 Dated 26/03/2007
APPELLANT(S): RESPONDENTS
BY ADV. SRI.S.EASWARAN
RESPONDENT(S): PETITIONERS
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J.B.KOSHY,Ag.C.J. & V.GIRI, J
W.A.946/2007
Dated this 2nd day of February, 2009
JUDGMENT
Koshy (Ag.C.J.)
Writ petition was filed by the respondents herein to challenge Ext.P4 sale notice. As per Ext.P4 sale notice, the amount due to the Bank by the writ petitioners was Rs.3,19,530/-. Petitioners approached this Court and as per the directions issued by this Court, the entire amounts were paid including interest and other charges. On such deposit, the appellants demanded a further amount of Rs.37,920/- which was incurred in the publication of the sale notice and possession notice. The only dispute is regarding the advertisement charges charged by the Bank along with penal interest at 2%, besides compound interest. In the above circumstances, the learned Judge by order dated 26.3.2007 in I.A.3671/2007 in W.P.(C). 32216/2006 stated that out of Rs.37,920/-, if the writ petitioners pay an amount of Rs.18,500/-, the matter should be closed. Rs.18,500/- ordered is much more than the advertisement charges actually incurred. The
W.A.946/2007
2
total advertisement charges incurred by the Bank will be Rs.10,440/-. Considering the facts of the case that the writ petitioners made the payment with interest at compounded rate and that there is also no evidence for the advertisement charges, we see no grounds to interfere in the matter. Writ Appeal is accordingly, dismissed.
J.B.KOSHY, Acting Chief Justice
V.GIRI, Judge
mrcs
1 issue framed by the court
Whether the High Court should interfere with the lower court order directing writ petitioners to pay a reduced amount from the total advertisement charges charged by the Bank.
INDIAN BANK, ALUVA BRANCH
THE CHIEF MANAGER, AUTHORIZED OFFICER, INDIAN BANK
METTY FRANCIS
V.V. FRANCIS
J.B. KOSHY
V. GIRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
