IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 Con.Case(C).No. 723 of 2008(S) ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.3216/2008 Dated 28/01/2008 .................... PETITIONER: -------------------- P. SURENDRAN, S/O.T.N.ARAAVINDAKSHANNAIR, AGED 46 YEARS, PROOF READER, DESHABHIMANI DAILY, KOCHI. BY ADV. SMT.K.AMMINIKUTTY RESPONDENT: ------------------------ PRASANNAKUMARI (AGE & FATHERS NAME NOT KNOWN TO THE PETITIONER) MANAGER, DISTRICT CO-OPERATIVE BANK LTD., PUTHANCHANTHA BRANCH, THIRUVANANTHAPURAM. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. ---------------------------------------------------------------- Contempt Case (C) No.723 of 2008 ---------------------------------------------------------------- Dated this the 4th day of July, 2008 J U D G M E N T The petitioner is the surety along with one Smt.Sindhu S.Nair for a loan transaction availed by one Smt.Anitha from the Thiruvananthapum District Co-operative Bank. In terms of the judgment, it was directed that all the persons liable for recovery under Section 37 of the Kerala Co-operative Societies Act, 1969, hereinafter referred to as “Act”, shall be simultaneously proceeded with. This contempt of Court case is filed on the allegation that action has not taken by the authority in terms of that direction. The respondents placed on record, a counter affidavit stating that the principal debtor is an unemployed person and Section 37 of the Act has been resorted to against petitioner and also against Smt.Sindhu. Recoveries from Smt.Sindhu is evidenced Cont.Case © No.723/08 - 2 - by Annexure R1(a). Since principal debtor Anitha is unemployed which part is not in dispute, it is impossible to compel the bank to take action against her under Section 37 of the Act. At any rate, I am satisfied that nothing is made out to take action under the Contempt of Courts Act. This contempt case fails and the same is accordingly dismissed. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/5/7/8 // True copy // P.A. to Judge.