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O.M.RAMAN versus THE AREA MANAGER

High Court of Kerala

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O.M.RAMAN v. THE AREA MANAGER - WP(C) No. 10304 of 2006(B) [2006] RD-KL 2556 (5 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 10304 of 2006(B)

1. O.M.RAMAN,
... Petitioner

Vs

1. THE AREA MANAGER,
... Respondent

2. THE DEPUTY MANAGER (RECOVERY),

For Petitioner :SRI.M.C.ANTONY

For Respondent : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

Dated :05/12/2006

O R D E R

C.N. RAMACHANDRAN NAIR, J.

```````````````````````````````````````````````````` W.P. (C) No. 10304 OF 2006 B ````````````````````````````````````````````````````

Dated this the 5th day of December, 2006



J U D G M E N T

In spite of repeated notices issued to the L.I.C. there is no response from them. I do not think the case should be pending in this court. Petitioner's case is that substantial amount is paid to the loan account and the balance claimed by the L.I.C. Is on account of excessive interest. I do not find any justification for this court to interfere with demand of interest at contract rate. However, following decisions in similar cases, there will be direction to the respondents to completely waive penal interest, if petitioner clears balance arrears on or before 31.1.2007. The 1st respondent will give detailed statement of account to the petitioner showing the advances made, debits on interest and other charges, credits given for payments showing the balance liability, item wise. There will be a specific direction to the respondents to exclude penal interest and issue demand notice for payment of balance amount and interest. However, if petitioner does not pay the balance amount before 31.1.2007, the waiver of penal interest will stand automatically cancelled on default and respondents will be free to proceed for recovery of entire dues. Writ petition is disposed of as above.

(C.N. RAMACHANDRAN NAIR, JUDGE)

aks


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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