IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 WP(C).No. 4479 of 2008(G) ------------------------------------------- PETITIONER: -------------------- V.P.LATHEEF VADAKKEPEDIKAYIL HOUSE, KANJIRAMATTOM P.O. ERNAKULAM DISTRICT, PRESENTLY WORKING AS SUB ENGINEER, ELECTRICAL DIVISION, K.S.E.B POWER HOUSE ROAD, ERNAKULAM. BY ADV. SRI.K.N.CHANDRABABU RESPONDENTS: ------------------------- 1. THE BRANCH MANAGER, PEOPLES URBAN CO-OPERATIVE BANK, ERNAKULAM BRANCH 2. THE ASST.REGISTRAR OF CO-OPERATIVE SOCIEITES (GENERAL) OFFICE OFO THE ASST.REGISTRAR OF CO-OPERATIVE SOCIEITES (GENERAL) KANAYANNUR KOCHI-16. 3. THE SALE OFFICER, OFFICE OF THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES, KANAYANNUR. 4. IBRAHIMKUTTY,S/O. PAREDD VADAKKEPEDIKAYIL HOUSE KANJIRAMATTOM, ERNAKULAM DISTRICT. BY ADV. SRI.T.A.RAJAN, SC, PU CO-OP.BANK FOR R1 SR. GP. SMT. A.G.ANEETHA FOR R2 TO 3. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J = = = = = = = = = = = = == = = = = = = = = W.P.(C).No. 4479 OF 2008 = = = = = = = = = = = = = Dated this the 11th day of February, 2008. = = = = = = = = == = = = = = = = = = = J U D G M E N T The petitioner stated to be a surety for a loan availed by his brother, the 4th respondent, challenges action taken under Rule 77 of the Kerala C-operative Societies Rules for enforcement of the award passed against them. While the petitioner pleads ignorance of the award, the 1st respondent through counsel states that a copy of the award was served on the petitioner. Without expressing anything on merits it is directed that the petitioner, on proper application, may be given a copy of the award. It is clarified that no appeal, revision, etc., if any, by the petitioner, shall be considered before giving the 1st respondent, creditor, bank, an opportunity to contest even on the question of taking any delay in initiating such proceedings. The liability of the petitioner, being, as a surety, it is inappropriate for this court to now step in and interfere with the distress action particularly when the bank states that the title of the 5th respondent to the property offered as security was found against the petitioner. W.P.(C).No. 4479 OF 2008 2 Subject to the aforesaid, issue a copy of the award to the petitioner. No other directions are issued. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN JUDGE bkn/-