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2007 Supreme(Mad) 175

V.RAMASUBRAMANIAN
Erode District Central Co-operative Bank Ltd. – Appellant
Versus
Velayuthasamy Rice Mill – Respondent


Advocates:
For the Petitioner:G. Thilakavathi, Advocate. For the Respondent:R1, R2, N. Manokaran, Advocate, R3, V. Arun, Govt. Advocate.

Judgment :

V. Ramasubramanian, J.

The respondents 1 and 2 availed a loan of Rs.9,00,000/- from the petitioner Bank in the year 1994. According to the petitioner Bank the respondents 1 and 2 promptly paid the interest upto the year 2000. Thereafter, there was on outstanding and the petitioner raised arbitration in ARC.No.78 of 2001-2002. On 19. 2001, an award was passed by the Arbitrator directing the respondents 1 and 2 to pay a sum of Rs.11,23,700.50 together with interest at 21% p.a. from 19. 2001 till the date of realization.

2. Challenging the said award, the respondents 1 and 2 filed an appeal before the Principal District Court, Erode (Special Tribunal for Co-operative cases) in C.M.A.No.88 of 2001. By an order dated 24. 2005, the said appeal was allowed in part and the award of the arbitrator was modified to the limited extent of reducing the rate of interest from 21% to 6% payable with effect from 19. 2001 on the award amount of Rs.11,23,700.50. Challenging the said order of the appellate tribunal, the petitioner-Bank has filed the present writ petition.

3. I have heard Ms. G. Thilakavathy, learned counsel for the petitioner and Mr. V. Manokaran, learned counsel appearing









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