IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WA.No. 1548 of 2009() AGAINST THE JUDGMENT IN WPC.13498/2009 Dated 11/06/2009 APPELLANTS: PETITIONERS 1. P.M.GEORGE, CHECKING INSPECTOR, K.S.R.T.C., N.PARUR DEPOT., ERNAKULAM DISTRICT. 2. GEORGE PAUL,CHECKING INSPECTOR, K.S.R.T.C.,PERINTHALMANNA DEPOT., MALAPPURAM DISTRICT. BY ADV. SRI.S.K.BALACHANDRAN RESPONDENTS: RESPONDENTS 1. SECRETARY, THE ALWAYE STATE TRANSPORT STAFF CO-OPERATIVE SOCIETY LTD.NO.E-158, K.S.R.T.C. BUS-STATION, ALWAYE-688 101. 2. P.P.PONNAN, DRIVER, K.S.R.T.C., CHERTHALA DEPOT., ALAPPUZHA DISTRICT. 3. ASSISTANT TRANSPORT OFFICER, K.S.R.T.C. N.PARUR DEPOT., ERNAKULAM DISTRICT. 4. ASSISTANT TRANSPORT OFFICER, K.S.R.T.C., PERINTHALMANNA DEPOT., MALAPPURAM DISTRICT. BY ADV. SRI.C.V.MILTON-R1 SRI.K.PJUSTINE-R1 SRI.VINOD VALLIKAPPAN-R2 SRI. K.PRABHAKARAN, STANDING COUNSEL, KSRTC-R3,R4 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 1548 OF 2009 --------------------------------------------- Dated this the 17th day of July, 2009 JUDGMENT Balakrishnan Nair, J. The appellants were the writ petitioners. They stood sureties for a loan availed of by the second respondent, who is a driver working under the Kerala State Road Transport Corporation, from the Alwaye State Transport Staff Co-operative Society Ltd. The second respondent was a surety for the loan availed of by the appellants. But, the appellants cleared the loan. Since the second respondent defaulted, now steps are being taken to recover the defaulted amount from the salary of the appellants, on the strength of the agreement executed by them under Section 37(2) of the Kerala Co-operative Societies Act, 1969 and countersigned by their controlling officer. Feeling aggrieved by the recovery from their salary, the Writ Petition was filed. The learned Single Judge dismissed the Writ Petition, but ordered that recovery shall also be made from the salary of the second respondent, who is the principal loanee. Feeling aggrieved by the judgment of the learned Single Judge, this Writ Appeal is filed. 2. Learned counsel for the appellants submitted that there was W.A. NO.1548/2009 2 default for the last nine years and only at the fag end of the service of the second respondent, action is being taken to recover the amount. The same is unjustified, it is submitted. We notice that for the default committed by the second respondent, the appellants are also liable. If there was delay in recovering the amount, the appellants only stood to gain by that. Secondly, it is submitted that the amounts are barred by limitation and, therefore, there cannot be any recovery. Recovery of the amounts due to a Co-operative Society from the principal loanee can be made at any time. There is no bar of limitation. Therefore, the said contention cannot be accepted. Thirdly, it is contended that by virtue of Rule 77 of the Kerala Co-operative Societies Rules, 1969, Section 60 of the Code of Civil Procedure will apply. But, Rule 77 deals with only cases of recovery of amounts in execution of awards and not recovery by the Controlling Officer under Section 37 of the Kerala Co-operative Societies Act. Therefore, the said contention also fails. In the result, the Writ Appeal fails and it is dismissed. (K. BALAKRISHNAN NAIR) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO.1548/2009 3 K.BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. W.A. NO.1548/2009 JUDGMENT 17th July, 2009 W.A. NO.1548/2009 4