Review petition dismissed as the court found no grounds to entertain it. The first respondent can discharge liability directly without interfering in recovery proceedings against the defaulter.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR
MONDAY, THE 20TH AUGUST 2007 / 29TH SRAVANA 1929
RP.No. 271 of 2005(E)
--------------------AGAINST THE JUDGEMENT/ORDER IN WPC.25667/2004 Dated 04/01/2005 ....................
PETITIONER/PETITIONER
TRAVANCORE KHADI AND VILLAGE INDUSTRIES ASSOCIATION, REPRESENTED BY ITS PRESIDENT, NADAKKAVU, MAVELIKKARA, ALAPPUZHA 690 101.
BY ADV. SRI.GOVIND K.BHARATHAN SRI.MANU MOHAN
RESPONDENTS: RESPONDENTS
R1 BY ADV. P. SANTHALINGAM
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 20/08/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
C.N.RAMACHANDRAN NAIR,J.
R.P. NO. 271 OF 2005 IN W.P.C. NO. 25667 OF 2004
Dated this the 20th day of August, 2007
O R D E R
I do not find any ground to entertain the Review Petition because petitioner's contention is that first respondent supports petitioner's case.
If first respondent supports petitioner's case, first respondent can discharge the liability. Recovery is to be made from the defaulter and it is for the recovery authority to verify as to who is the defaulter and recover the arrears from such person or guarantors. Petitioner can rely on terms of loan documents and raise objections before the recovery authority.
R.P. is closed with the above observations.
(C.N.RAMACHANDRAN NAIR) Judge
2
Travancore Khadi and Village Industries Association
Khadi and Village Industries Commission
The General Secretary, Kerala Sarvodaya Sangh
The District Collector, Alappuzha
The Tahsildar, Taluk Officer, Mavelikkara
C.N.Ramachandran Nair
As recorded by the court registry
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