A surety sought to halt recovery for a deceased borrower's co-operative bank loan, contending DCRG payable to his legal heirs sufficed. The court permitted recovery from the withheld gratuity amounts and directed that proceedings against the petitioner continue only if those sums were insufficient.
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 GOPINATH P.
THURSDAY, THE 14TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945 WP(C) NO. 14330 OF 2020
PETITIONER/S:
KAMALA BAI.V AGED 54 YEARS
P.D.TEACHER, GOVT.U.P.SCHOOL, PARAYAKAD, THURAVOOR P.O., ALAPPUZHA DISTRICT, PIN-688 540.
BY ADV K.P.GEETHA MANI
RESPONDENT/S:
BY ADVS.
SRI.T.P.SAJAN
W.P (C) No.14330/2020
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SRI.DINESH R.SHENOY SRI.B.PRASANTH SRI.EBIN MATHEW SRI.P.ROHIT PREMANANDAN SHENOY SHRI.SILESH S. PRABHU
OTHER PRESENT:
SRI.BINOY DAVIS- GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
The petitioner was a surety for a loan availed by one K.V. Manoj Kumar from the 5th respondent. The aforesaid Manoj Kumar committed suicide on 04-05-2019. He has survived by his wife, the 6th respondent herein and a minor child. The 6th respondent is stated to be working as Manager, Kerala State Co-operative Bank. According to the petitioner the recovery proceedings initiated against the petitioner for recovery of amounts due on account of the loan availed by the aforesaid Manoj Kumar cannot be continued as the entire loan amount can be recovered from amount of DCRG payable to the aforesaid Manoj Kumar.
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of the petitioner the DCRG payable to the legal heirs of late Manoj Kumar was withheld and the same is sufficient to settle the liability of the 5th respondent.
Writ petition is disposed of as above.
Sd/- GOPINATH P. JUDGE
AMG
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APPENDIX OF WP(C) 14330/2020
PETITIONER EXHIBITS
| EXHIBIT P1 | TRUE COPY MANOJKUMAR BANK. |
OF THE APPLICATION FOR LOAN SUBMITTED BY ON 05.02.2018 TO THE 5TH RESPONDENT |
|---|---|---|
| EXHIBIT P2 | TRUE COPY PETITIONER |
OF THE SURETY BOND SIGNED BY THE AND MANOJKUMAR ON 23.,03.2018. |
| EXHIBIT P3 | TRUE COPY RECEIVED B |
OF THE LETTER NO.58 DATED 01.11.2019 Y THE PETITIONER FROM THE 5TH RESPONDENT. |
| EXHIBIT P4 | TRUE COPY ACCOUNT O RESPONDENT |
OF THE STATEMENT OF THE OVER DRAFT F MANOJKUMAR MAINTAINED BY THE 5TH BANK. |
| EXHIBIT P5 | TRUE COPY PETITIONER RESPONDENT |
OF THE REPLY DATED 09.11.2019 SENT BY THE THROUGH HER ADVOCATE TO THE 5TH . |
| EXHIBIT P6 | TRUE COPY THE 5TH RE |
OF THE LETTER DATED 10.12.2019 SENT BY SPONDENT TO THE STATE INSURANCE OFFICER. |
| EXHIBIT P7 | TRUE COPY THE 5TH RE |
OF THE NOTICE DATED 18.06.2020 SENT BY SPONDENT TO THE PETITIONER. |
RESPONDENT EXHIBITS
| Exhibit R5(a) | A true copy of the filed by Sri Manoj along with the sa documents |
application dated 05.03.2018 Kumar for availing the loan lary certificate and other |
|---|---|---|
| Exhibit R5(b) | A true copy of the executed by the pet Kumar |
surety bond dated 23.03.2018 itioner along with Sri Manoj |
| Exhibit R5(c) | A true copy of the 10.12.2019 send to Di |
letter vide ref no.80 dated strict insurance officer |
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| Exhibit R5(d) | A true copy of 05.07.2019 send Manoj Kumar |
the latter vides ref no.15 dated to Smt.Sreena.K.V wife of late |
|---|---|---|
| **EXHIBIT R6(a): ** | TRUE PHOTOCOPY HOUSING LOAN APP |
OF THE SANCTIONING LETTER FOR MY LICATION DATED 01/07/2010. |
| **EXHIBIT R6(b): ** | TRUE PHOTOCOPY DATED 02/08/2011 |
OF SANCTIONING LETTER FOR MY LOAN FROM ALAPPUZHA CO-OPERATE BANK. |
| **EXHIBIT R6(c): ** | TRUE PHOTOCOPY HOUSING LOAN APP ALAPPUZHA CO-OPE |
OF THE SANCTION LETTER FOR MY LICATION DATED 26/03/2012 FROM THE RATE BANK. |
| **EXHIBIT R6(d): ** | THE PHOTOCOPY OF VILLAGE OFFICER |
THE BASIC TAX RECEIPTS ISSUED BY , THURAVOOR SOUTH. |
| **EXHIBIT R6(e): ** | TRUE PHOTOCOPY O DATED 24/09/201 PANCHAYATH. |
F BUILDING TAX RECEIPT OF THE HOUSE 9 ISSUED BY THE THURAVOOR GRAMA |
| **EXHIBIT R6(f): ** | TRUE PHOTOCOPY PATTANAKKAD SRO |
OF GIFT DEED NO.178/2010, DATED 02/02/2020. |
| **EXHIBIT R6(g): ** | TRUE PHOTOCOPY O ME BY THE 7TH RE |
F LETTER DATED 07/12/2019 SENT TO SPONDENT. |
| Exhibit R6(h) | TRUE PHOTOCOPY | OF GRATUITY PAYMENT ORDER GPO |
| NO.122077990-1 OFFICE OF ACCOUN |
DATED 9/7/2021 ISSUED FROM THE TANT GENERAL (A&E) 1. |
1 issue framed by the court
Whether recovery proceedings against the petitioner as surety can continue when DCRG payable to the deceased borrower's legal heirs is sufficient to discharge the loan liability to the bank?
Kamala Bai.V
The State of Kerala represented by the Secretary, Government Secretariat, General Education Department, Thiruvananthapuram
The Director of General Education, Jagathi, Thiruvananthapuram
The Deputy Director of Education, Alappuzha District
The Assistant Educational Officer, Thuravoor
The Secretary, Thuravoor Co-operative Bank Ltd., No.935
Gopinath P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
