Disposed

K Suresh Babu v. the Managing Director, Kerala State Financial Enterprises Limited

Kerala HC18 Sept 2017WP(C)/17915/2017

Case brief

AI extract

What is this about?

Petitioner challenged salary recovery by KSFE for a debt where he was a surety. Court directed KSFE to proceed against other sureties' properties while continuing recovery from the petitioner within the interim order limit.

What did the court decide?

Directing KSFE to proceed against other sureties while continuing recovery from petitioner within the order of Rs.9,267 per month.

K Suresh Babu Vs the Managing Director… — Contract and Commercial Disputes | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:-

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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MONDAY, THE 18TH DAY OF SEPTEMBER 2017/27TH BHADRA, 1939

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W.P(C).No.17915 of 2017 (L)

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PETITIONER(S):-

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K SURESH BABU, S/O.RAMARKUTTY, POLICE CONSTABLE, (NO.8048), KAP(IV) BATTALIAN, MANGATTUPARAMBA, PO: KANNUR UNIVERSITY, KANNUR DISTRICT-670567, RESIDING AT KUNNOOL HOUSE, KANUL PO (VIA) KALLIASSERY, KANNUR DISTRICT-670562

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BY ADVS.SMT.BIMALA BABY

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SMT.LINATMOL CHERIYAN

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RESPONDENT(S):-

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1. THE MANAGING DIRECTOR, KERALA STATE FINANCIAL ENTERPRISES LTD., BHADRATHA, MUSEUM ROAD, THRISSUR-680020.

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2. THE BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD., NARIKUNNI BRANCH, KOZHIKODE DISTRICT

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3. THE COMMANDANT, KAP(IV) BATTALIAN, MANGATTUPARAMBA, PO KANNUR UNIVERSITY, KANNUR DISTRICT-670567

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4. M.C.VISWANATHAN, S/O.SANKARAN NAIR, QUARTER NO.420, CWRDM, KUNNAMANGALAM

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R1 & R2 BY STANDING COUNSEL SRI.ALEXANDER.C.V. R BY BY ADV. SRI.JIMMY GEORGE THADATHIL, SC, KSFE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-09-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.17915 of 2017 (L)

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APPENDIX

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PETITIONER(S)' EXHIBITS:-

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EXHIBIT P1 TRUE COPY OF THE RECOVERY NOTICE BEARING L.R.NO.18/14-40 DATED 28.4.2017 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT. EXHIBIT P2 TRUE COPY OF THE SALARY SLIP OF THE PETITIONER DATED 2.5.2017.

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RESPONDENT(S)' EXHIBITS:-

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------------------------NIL.

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Vku/[ true copy ]

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K. Vinod Chandran, J

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---------------------------------------W.P.(C).No.17915 of 2017-L

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Dated this the 18^th day of September, 2017

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JUDGMENT

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The petitioner is before this Court challenging the

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recovery effected from the petitioner's salary for a debt created by the 4^th respondent.

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The learned Counsel for the respondent-KSFE submits that the petitioner stood as surety to the 4^th respondent and 2 items of properties owned by 3 other sureties were also mortgaged to the KSFE.

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It is in the context of there being 3 other sureties that this Court passed an order dated 30.05.2017 confining the deduction from the monthly salary of the petitioner to R.9,267/[Rupees nine thousand, two hundred and sixty seven]. The total liability will come to Rs.14,00,000/- [Rupees fourteen lakhs]. In such circumstances, if the properties of other sureties are proceeded against, there would be an equitable distribution of the liabilities between the sureties.

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WP(C) No.17915 of 2017

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- 2 -

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In the above circumstances, the recovery from the

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petitioner's salary to the extent permitted by interim order dated 30.05.2017 shall continue. In the meanwhile, the KSFE shall take

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expeditious steps to proceed against the other three sureties, with due notice to them.

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The writ petition is disposed of with the above direction.

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Sd/-

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K.Vinod Chandran Judge.

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vku/-

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[ true copy ]

K Suresh Babu v. the Managing Director, Kerala State Financial Enterprises Limited

Case brief

What is this about?

What did the court decide?

K Suresh Babu v. the Managing Director, Kerala State Financial Enterprises Limited

Case brief

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