IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24026 of 2009(W)
1. SREEKUMAR, S/O.RAGHAVAN,
... Petitioner
Vs
1. THE JOINT REGISTRAR (GENERAL),
... Respondent
2. THE ASSISTANT REGISTRAR (SPECIAL
3. PATHANAMTHITTA DISTRICT COOPERATIVE
4. RANJAN, S/O.KESAVAN,
5. REJI, S/O.RAJAPPAN,
6. ALIYAMMA GEORGE, HEADMISTRESS,
7. THE PROJECT OFFICER,
For Petitioner :SRI.ARUN.B.VARGHESE
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :21/08/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.24026 of 2009
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Dated, this the 21st day of August, 2009
J U D G M E N T
The petitioner says that he has been proceeded against by the
3rd respondent, on the basis that he is a surety to a loan availed of
by the 5th respondent. According to the petitioner, to his
knowledge, he did not sign any surety bond or render himself liable
for the loan in any manner. Be that as it may, fact remains that now
he has been shown as a surety, and is being proceeded against.
2. Apparently, because of the factual disputes involved, the
Bank has filed ARC No.598/2008 before the 2nd respondent, and in
that ARC, the petitioner has filed his written statement with a
counter claim. Proceedings are pending, and what led the petitioner
to file this writ petition at this stage is Ext.P6, a notice issued by the
Bank proposing to effect recovery from his salary. The petitioner
states that then he filed Ext.P7 complaint before the 1st respondent,
which has been forwarded to the 2nd respondent, but, however, no
orders have been passed in the matter.
WP(C) No.24026/2009
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3. I heard the learned standing counsel appearing for the
3rd respondent also.
4. Having regard to the fact that ARC No.598/08 filed by
the Bank in respect of the liability allegedly due from the petitioner
and respondents 5 & 6, it is only appropriate that the disposal of the
ARC is expedited, and further proceedings pursuant to Ext.P6 is
deferred in the meanwhile. This is all the more so, having regard to
the dispute raised by the petitioner that he is not a surety to the
loan. Accordingly, I dispose of the writ petition with the following
directions:-
That the 2nd respondent, before whom ARC No.598/08 is pending,
shall expedite disposal of the ARC. Final orders in the ARC shall be
passed with notice to parties as expeditiously as possible, at any
rate, within six months from now. It is directed that in the
meanwhile, proceedings pursuant to Ext.P6 shall be deferred.
5. The petitioner shall produce a copy of this judgment
before respondents 2 & 3 for compliance.
The writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg