IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18241 of 2009(A)
1. S.JAMES
... Petitioner
Vs
1. KERALA STATE ROAD TRANSPORT CORPORATION
... Respondent
For Petitioner :SRI.C.A.CHACKO
For Respondent :SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIET
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :30/06/2009
O R D E R
ANTONY DOMINIC,J.
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W.P.(C).No.18241 OF 2009
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Dated this the 30th day of June, 2009.
JUDGMENT
The petitioner is a surety to a loan availed of by the 5th
respondent from the 4th respondent Society. The 5th
respondent committed default and now the petitioner is
facing recovery proceedings. It is therefore that the writ
petition has been filed and the prayer sought for is that the
respondents should be directed to recover the dues from
the terminal benefits of the 5th respondent, who is stated to
be retired from service on 30.11.2008.
2. Admittedly, the petitioner is a surety. Default has
been committed by the principal debtor and therefore the
respondents cannot be faulted, even if recovery is directed
against the petitioner, since the liability of the surety is co-
extensive with that of the principal debtor. Therefore this
court will not be justified in passing any order exonerating
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the petitioner from the liability.
3. However, having regard to the prayer made by the
petitioner before the 4th respondent as per Ext.P2
representation to effect recovery from the dues of the 5th
respondent also, it is directed that the 4th respondent shall
consider Ext.P2, if the said representation has been received
and is pending, as expeditiously as possible.
Petitioner to produce a copy of the judgment along with a
copy of this writ petition before the 4th respondent for
compliance.
(ANTONY DOMINIC)
JUDGE
vi/
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