IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 16680 of 2006(I)
1. THANKAMANI S.,
... Petitioner
Vs
1. SPECIAL SALE OFFICER,
... Respondent
2. ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD
3. THE DEPUTY DIRECTOR OF PANCHAYATH,
4. T. KRISHNANKUTTY,
For Petitioner :SRI.C.T.RAVIKUMAR
For Respondent :SRI.T.R.RAMACHANDRAN NAIR,SC, ALP.DIST.
The Hon'ble MR. Justice K.THANKAPPAN
Dated :25/09/2006
O R D E R
K.THANKAPPAN, J.
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W.P.(C)NO. 16680 OF 2006
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Dated this the 25 th day of September, 2006
JUDGMENT
The petitioner stood surety for a loan taken by the 4th respondent
from the second respondent – Bank. Since the loan amount was not repaid
as agreed, the Bank filed Arbitration Case against the 4th respondent and
on the basis of the award passed, steps were taken to attach the property of
the 4th respondent. The grievance of the petitioner is that without
considering the above, steps are being taken to proceed against her.
2. The petitioner is also a party to the Arbitration Case. Since the
property of the 4th respondent has been attached for recovery of the loan
amount, order to recover any amount from the petitioner is irregular. The
petitioner or any other guarantor can be proceeded against only if the
amount realised from the public auction of the property of the 4th
respondent is not enough to cover the liability. The Bank has no such
case. In the above circumstances, no further recovery will be made from
W.P.C)NO.16680/2006 2
the salary of the petitioner pursuant to Exts.P3 and P4.
The Writ Petition is disposed of as above.
(K.THANKAPPAN, JUDGE)
sp/