The High Court of Kerala dismissed a writ petition as infructuous on the grounds that the entire loan amount due from the petitioner to the second respondent bank had been paid by him, rendering the guarantor's liability null.
Dismissing the writ petition as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
THURSDAY, THE 9TH DAY OF AUGUST 2012/18TH SRAVANA 1934
WP(C).No. 2579 of 2010 (V)
PETITIONER:
SUNDARESAN NAIR, S/O.JANARDHANAN NAIR, AGED 52 YEARS, RESIDING AT SREEVILASAM KOVIPAD PO EDAMARUKU, ERATTUPETTA.
BY ADVS.SRI.N.RATHEESH
SMT.SUMA RATHEESH
RESPONDENTS:
BY ADV. SRI.GEORGE JACOB (JOSE) BY ADV. SRI.JOICE GEORGE
BY GOVERNMENT PLEADER SMT.ANITHA RAVINDRAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-08-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K. SURENDRA MOHAN, J.
W.P(C) NO: 2579 OF 2010
Dated this the 9th August, 2012.
JUDGMENT
There is no representation for the petitioner. The counsel for the fourth respondent submits that the entire amount due to the second respondent bank has been paid by the writ petitioner and that there are no further amounts due from him. The fourth respondent was the guarantor for the loan transaction. In view of the above, it is submitted that no further orders are necessary to be issued in this writ petition. This writ petition is therefore dismissed as infructuous.
Sd/K. SURENDRA MOHAN Judge
jj /True copy/
P.S.to Judge
2
SUNDARESAN NAIR
THE JOINT REGISTRAR(GENERAL) OF CO-OPERATIVE SOCIETIES, GOVERNMENT OF KERALA
THE MALANAD CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANK LTD
THE SALES OFFICER, MALANAD CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANK LTD
BREENA SAJI
K.SURENDRA MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
