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2015 Supreme(Ker) 846

DAMA SESHADRI NAIDU
K. V. JOSEPH – Appellant
Versus
SECRETARY, THODUPUZHA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. – Respondent


Advocates:
Advocate Appeared:
FOR THE APPELLANT : SRI.ABRAHAM P.GEORGE, SRI.K.VINODKUMAR (707/89), SMT.M.SANTHI
FOR THE RESPONDENT: SRI.A.N.SANTHOSH

JUDGMENT

This writ petition raises the issue whether delay can be condoned by an Appellate or Revisional forum even in the absence of an application for the said purpose.

2. The petitioner, admittedly, borrowed two loans: (1) Rs.10,000/- in 1995; (2) Rs.2,00,000/- in 2001. Having committed default in repayment of the said loans, the petitioner has, however, applied for the benefit of remission before the Kerala Agricultural Relief Commission, which has eventually scaled down the debt and directed the petitioner to pay Rs.1,13,241/-, as full and final payment, both the loan accounts taken together.

3. The respondent Bank has, despite the remission provided by the Commission, issued a demand notice to the petitioner insisting on his paying Rs.2,96,964/-, that being the total outstanding amount in the two loan accounts. Aggrieved, the petitioner filed A.R.C. No.283/2010, which was partially allowed by the learned Arbitration Court, through Exhibit P1 award, dated 30.03.2013. Further aggrieved, the petitioner, invoking Section 84 of the Kerala Co-operative Societies Act, filed Revision No.58/2013 before the Tribunal on 18.07.2013. Eventually, the learned Tribunal dismissed the revision



























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