SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2005 Supreme(Ker) 351

RAJEEV GUPTA, K.S.RADHAKRISHNAN
Kallettumkara Service Co-operative – Appellant
Versus
Registrar of Co-operative Societies – Respondent


Judgment :-

Radhakrishnan, J.

Power of the Registrar to issue circular No.35/01 dated 27-9-2001 directing the Co-operative Societies in the State to permit the borrowers to settle their outstanding loan at the document rate or at the then existing rate whichever is less excluding penal interest and compound interest is under challenge in this appeal.

2. Petitioner appellant is a service Co-operative bank registered under the provisions of the Kerala Co-operative Societies Act. Bank is engaged in the business of collecting deposits from its customers and lending money to its customers. Bank used to receive deposits from its customers agreeing to repay the same with interest at the rate of 15.5% per annum. Members of the bank used to avail of loan with interest at the rate of 18% per annum. If Ext. P1 circular is given effect to the bank has to settle the loan transaction at the rate of 13.5% which was the lending rate at the time of the circular, at the same time, bank has to pay 15% interest per annum to depositors. Bank will have to suffer a loss of Rs.7,90,000/- if the circular is given effect to since the bank has to settle 333 outstanding loan at 13.5% simple interest. Bank in sh






Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top