IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 WP(C).No. 11460 of 2005(L) -------------------------- PETITIONER: ------------ A. BABU, S/O.LATE ANTONY, AGED 57 YEARS, CANAL VIEW CHIRA KODE, AMBALAPPUZHA P.O., ALAPPUZHA. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW RESPONDENTS: ------------- 1. KERALA STATE FINANCIAL ENTERPRISES LTD., THRISSUR, REP. BY ITS MANAGING DIRECTOR. 2. KERALA STATE FINANCIAL ENTERPRISES LTD., ALAPPUZHA-II, ALAPPUZHA, REP. BY BRANCH MANAGER. 3. SPECIAL TAHSILDAR (RR), KSFE LTD., RR UNIT, KUMARANASAN SMARAKA MANDIRAM, COURT ROAD, ALAPPUZHA. BY ADV. SRI.ASOK M.CHERIYAN, SC, K.S.F.E. LTD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 NOTICE NO. SDT (RR) 2668/03-04 DATED 22.2.2005 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 11460 OF 2005 -------------------------------------------- Dated this the 9th day of January, 2008 JUDGMENT Petitioner is challenging recovery proceedings for recovery of arrears of loan due from his son for whom petitioner stood as surety. Being a surety petitioner is liable to be proceeded against. Petitioner has not made his defaulter-son a party in the W.P.C. In the circumstances, W.P. is disposed of giving freedom to the respondents to proceed against the defaulter and the guarantor in accordance with loan agreement. However, if the petitioner or borrower offers payment within a reasonable time, there will be direction to the respondents to waive penal and default interest and not to collect collection charges for the payments being made voluntarily. (C.N. RAMACHANDRAN NAIR) Judge 2