A writ petition regarding the attachment of the petitioner's retirement benefits and salary as a guarantor was disposed of. The court permitted repayment in instalments to prevent recovery actions.
Permitted payment of due amount in 4 equal monthly instalments starting 1.1.2014.
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 V.CHITAMBARESH
WEDNESDAY, THE 4TH DAY OF DECEMBER 2013/13TH AGRAHAYANA, 1935
WP(C).No. 30911 of 2009 (H)
PETITIONER(S):
NARAYANAN NAIR M., AGED 56 YEARS S/O. MADHAVAN PILLAI, KOCHU MADOM, THRIKKOIKKAL YEROOR P.O., PATHANAPURAM TALUK, KOLLAM DISTRICT.
BY ADVS.SRI.PRAVEEN K. JOY
SRI.ADEEP ANWAR
RESPONDENT(S):
R,R2-3 BY ADV. SRI.M.L.SAJEEVAN, SC, KSFE LTD. R,R5 BY ADV. SRI.A.V.JAMES R,R5 BY ADV. SRI.P.DALBI EMMANUEL RR2,RR3 BY ADV. SRI. BABU VARGHESE (SR.) RR2,RR3 BY ADV. SRI.JOHNSON T.JOHN, SC, KSFE LTD. R2 BY ADV. GOVERNMENT PLEADER SRI.RAFEEK.V.K. BY ADV. SRI.C.V.ALEXANDER, SC, KSFE LTD.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-12-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN W.P.(C) NO.30911 OF 2009
PETITIONER'S EXTS:
| EXT.P1 | TRUE COPY OF THE DIABILITY CERTIFICATE DATED 16.1.2009 ISSUED A.A.RAHIM MEMORIAL DISTRICT HOSPITAL, KOLLAM. |
|---|---|
| EXT.P2 | TRUE PHOTOCOPY OF THE JUDGMENT DATED 11/10/2006 IN WP (C) NO.25928/2006 OF THE HONOURABLE HIGH COURT. |
| EXT.P3 | TRUE COPY OF THE NOTICE DATED 19/9/2009 OF THE SECOND RESPONDENT. |
| EXT.P4 | TRUE COPY OF THE NOTICE DATED 19/3/2009 OF THE SECOND RESPONDENT. |
| EXT.P5 | TRUE COPY OF THE OBJECTIONS DATED 23/10/2009 SUBMITTED BEFORE THE SECOND RESPONDENT. |
| EXT.P6 | TRUE PHOTOCOPY OF THE APPLICATION DATED 23/10/2009 BEFORE THE ASSISTANT INFORMATION OFFICER, KSFE. |
| EXT.P7 | TRUE COPY OF THE OBJECTION DATED 27/10/2009 BEFORE FIRST AND SECOND RESPONDENTS. |
| EXT.P8 | TRUE PHOTOSTAT COPY OF THE NOTICE DATED 2.11.2009 ISSUED BY THE SECOND RESPONDENT. |
| EXT.P9 | TRUE PHOTOCOPY OF HIRE PURCHASE APPLICATION DATED 9.5.2001 OF THE KSFE. |
| EXT.P10 | TRUE PHOTOCOPY OF DECLARATION DATED 9.5.2001 OF THE KSFE. |
| EXT.P11 | TRUE PHOTOCOPY OF THE LETTER DATED 23.12.2009 OF THE KSEF. |
| EXT.P12 | TRUE PHOTOCOPY OF THE ACKNOWLEDGMENT DATED 28.10.2009 OF THE SECOND RESPONDENT. |
| EXT.P13 | TRUE PHOTOCOPY OF CASH CREDIT BILL DATED 1.9.2001 OF BELL COMPUTERS AND COMMUNICATIONS. |
| EXT.P14 | TRUE PHOTOCOPY OF DELIVERY ORDER DATED 7.9.2001 OF THE KSEF. |
//TRUE COPY//
P.S. TO JUDGE.
V.CHITAMBARESH, J.
W.P (C) No.30911 of 2009
Dated this the 4th day of December, 2013
J U D G M E N T
The petitioner as well as the fifth respondent are guarantors to the loan availed by the fourth respondent from the third respondent. It is reported that a sum of 75,000/- has already been recovered from the fifth respondent by attachment from his salary for over a period of 26 months. The balance amount due to the third respondent would come to about 90,000/- which has also be recovered.
2
W.P (C) No.30911 of 2009
the salary of the petitioner or proceed against his retiral benefits. No purpose would be served by considering Ext.P7 objection submitted to the first respondent in the light of the categoric stand of the third respondent about the liability.
The Writ Petition is disposed of.
V.CHITAMBARESH, Judge.
nj.
1 issue framed by the court
Whether a guarantor's retirement benefits can be attached for recovery of a loan due.
Narayananan Nair M.
The District Collector, Kollam
The Special Deputy Tahsildar (Revenue Recovery), KSFE Ltd., Kollam
The Kerala State Financial Enterprises
Krishnakumar. K
Radhkrishna Pillai
V. Chitambaresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
