Petitioner challenged recovery of overdraft by cooperative society against him as a surety for 5th respondent's default. Court held recovery of Rs.8,000 from petitioner's salary lawful under loan terms. Petition dismissed.
Petitioner directed not to interfere with recovery of loan defaults from his salary accounts.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
FRIDAY, THE 17TH DAY OF JANUARY 2020 / 27TH POUSHA, 1941
WP(C).No.20023 OF 2019(C)
PETITIONER:
SHAJI MATHEW, AGED 44 YEARS S/O. LATE P.M. MATHEW, JUNIOR HEALTH INSPECTOR GRADE-I, KANJIRAPPUZHA, PALAKAD, RESIDING AT POONTHOTTATHIL HOUSE, PALAKKAYAM POST, PALAKKAD DISTRICT -678 591.
BY ADVS. SRI.C.A.CHACKO SMT.C.M.CHARISMA SMT.MEGHA K.XAVIER
RESPONDENTS:
1 KASARAGOD DISTRICT CO-OPERATIVE HOUSING SOCIETY LTD., NO. C 833, P.O. NEELESWAR, KASARAGOD DISTRICT, PIN-671 314, REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY, KASARAGOD DISTRICT CO-OPERATIVE HOUSING SOCIETY LTD., NO. C 833, P.O. NEELESWAR, KASARAGOD DISTRICT PIN-671 314.
3 THE DISTRICT MEDICAL OFFICER, PALAKKAD, OFFICE OF DISTRICT MEDICAL OFFICER, PALAKKAD DISTRICT 678 001.
R1-2 BY ADV. SMT.POOJA PANKAJ R1-2 BY ADV. SRI.S.VISHNU (V-736) R5 BY ADV. SRI.PUSHPARAJAN KODOTH R5 BY ADV. SRI.K.JAYESH MOHANKUMAR R5 BY ADV. SMT.VANDANA MENON R5 BY ADV. SRI.VIMAL VIJAY
ADV M. SASINDRAN R1, R2, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P(C).No.20023 of 2019
JUDGMENT
The petitioner, who stood surety to a loan availed by the 5th respondent from the 2nd respondent society, has approached this Court aggrieved by the recovery steps initiated by the 2nd respondent for recovery of defaulted loan amounts. In the Writ Petition, it is the case of the petitioner that his take home salary is only Rs.23,797/-, out of which an amount of Rs.11,275/- was already been recovered towards the loans availed by him from SBI. The 2nd respondent, however, has been recovering a further amount of Rs.8,000/- from his account on account of the default occasioned by the 5th respondent.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE
mns
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W.P(C).No.20023 of 2019
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF COMMUNICATION DATED 18/3/2019 ISSUED BY 2ND RESPONDENT TO 3RD RESPONDENT. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF LETTER DATED 28/3/2019 OF 3RD RESPONDENT TO 4TH RESPONDENT. |
| EXHIBIT P3 | TRUE COPY OF REPRESENTATION DATED 1/4/2019 MADE BEFORE THE 4TH RESPONDENT. |
| EXHIBIT P4 | TRUE COPY OF SALARY SLIP OF THE PETITIONER FOR THE MONTH OF MARCH 2019 |
| EXHIBIT P5 | TRUE COPY OF LETTER DATED 21/2/2019 ISSUED FROM STATE BANK OF INDIA, KANJIRAPPUZHA BRANCH. |
| EXHIBIT P6 | TRUE COPY OF RECEIPT DATED 12/6/2019 ISSUED BY THE 2ND RESPONDENT WITH TYPED COPY. |
RESPONDENT'S/S EXHIBITS:
EXHIBIT R1(A) A TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER INTIMATING THE DEFAULT.
//TRUE COPY//
P.A TO JUDGE
2 issues framed by the court
Whether the recovery steps initiated by the cooperative society against a surety for a defaulted loan are illegal.
Whether the condition precedent of recovering a fixed amount from the surety's salary was breached.
Shaji Mathew
Kasaragod District Co-Operative Housing Society Ltd.
Secretary, Kasaragod District Co-Operative Housing Society Ltd.
District Medical Officer, Palakkad
Medical Officer, Primary Health Centre, Kanjirappuzha
Balakrishnan
A.K.Jayasankaran Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
