IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 22400 of 2006(N)
1. C.G.PRASANNAN,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE ASST. REGISTRAR,
3. THANKI SERVICE CO-OPERATIVE BANK LTD.
For Petitioner :SRI.C.A.CHACKO
For Respondent :SRI.T.R.RAMACHANDRAN NAIR
The Hon'ble MR. Justice K.THANKAPPAN
Dated :13/09/2006
O R D E R
K.THANKAPPAN, J.
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W.P.(C)NO. 22400 OF 2006
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Dated this the 13th day of September, 2006
JUDGMENT
The petitioner had availed of a loan of Rs.50,000/- from the third
respondent – Bank. The grievance of the petitioner is that inspite of the
moratorium declared by the State Government against recovery of
agricultural debt, the Bank is proceeding against the sureties. The
petitioner submits that he had filed Ext.P2 representation before the third
respondent seeking further time to repay the loan amount and requesting
the Bank to proceed against his immovable property instead of proceeding
against the sureties. The petitioner further submits that the second
respondent – Assistant Registrar passed Ext.P5 order directing the Bank
not to start recovery proceedings against the petitioner or the sureties and
that inspite of Ext.P5, the Bank is proceeding against the sureties.
2. Heard the learned counsel appearing for the petitioner as well as
the learned counsel for the third respondent. Learned counsel for the third
respondent submits that since one of the sureties is due to retire, only a
W.P.(C)NO.22400/2006 2
small amount is ordered to be recovered from the said surety and the Bank
is proposing to proceed against the petitioner and the other surety.
Whatever may be the action proposed to be taken by the Bank, it is only
proper for the Bank to consider Ext.P2 representation in the light of Ext.P5
order and any other clarification. Ordered accordingly. It is made clear
that till a decision is taken on Ext.P2, the Bank shall not proceed against
the petitioner or the sureties provided the petitioner remits an amount of
Rs.15,000/- within one month from today, failing which the Bank can
proceed against the petitioner, his property or the sureties.
The Writ Petition is disposed of as above.
(K.THANKAPPAN, JUDGE)
sp/
W.P.(C)NO.22400/2006 3
