IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 WP(C).No. 10325 of 2008(D) ------------------------------------- PETITIONER: ----------------- E. VIJAYARAJAN, OFFICER, SOUTH MALABAR GRAMIN BANK, MALAPARAMB BRANCH, CALICUT-673 009. BY ADV. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENTS: --------------------- 1. REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 2. SOUTH MALABAR GRAMIN BANK, EMPLOYEES CO-OPERATIVE SOCIETY LTD.M.407, 21, JAWAHAR BUILDING, K.P. KESAVA MENON ROAD, CALICUT-673 001, REPRESENTED BY ITS SECRETARY. 3. SOUTH MALABAR GRAMIN BANK, P.B.NO.10, MALAPPURAM-676 505, REPRESENTED BY ITS CHAIRMAN. R1 BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN R2 BY ADV. SRI.N.MANOJ KUMAR SMT.JAYASREE MANOJ R3 BY SRI.T.R.RAVI - THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.10325 of 2008 ================================== Dated this the 8th day of April, 2008. JUDGMENT Petitioner and another stood as sureties for a facility availed by one Sri.P.G.Babu from the second respondent. All of them were employees of the third respondent. Sri.P.G.Babu has been dismissed from service and he is stated to be an absconder. DCRG and certain other service benefits due to Sri.P.G.Babu are lying with the third respondent. But the learned counsel for the third respondent states that amounts due to the third respondent from Sri.P.G.Babu par exceeds the amount in their respect and since that cannot be appropriated from DCRG, they have moved even the civil court for decree against Sri.P.G.Babu. The sureties to the transaction, namely the petitioner and another, cannot therefore postpone recoveries from their salaries in terms of Section 37 of the WPC10325/2008 -:2:- Kerala Co-operative Societies Act, 1969, in view of the agreements between the parties. Under the aforesaid circumstances, this writ petition is dismissed, however without prejudice to the right, if any of the petitioner, for appropriate restitution procedures against the assets or person of Sri.P.G.Babu since indisputably the payments being made by the petitioner is under duress. Thottathil B.Radhakrishnan, Judge. sl. 8-4-2008