IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 WP(C).No. 5220 of 2009(V) --------------------------------------- PETITIONER(S): ------------------------- 1. A.MOHAMMED MOIDEEN, PERINGAVIL VILAYIL VEEDU, PULIMOODU, THOLICODE P.O.,NEDUMANGAD (DRIVER -RETIRED, K.S.R.T.C. NEDUMANGAD). 2. S.SAINALABDEEN, ANAS MANZIL, PULIMOODU, THOLICODE P.O., NEDUMANGAD, (INSPECTOR (RETIRED) K.S.R.T.C. NEDUMANGAD) 3. K.SASIDHARAN NAIR, MAYA BHAVAN, MUTHIYACODE VADAKKUMKARA, MARANGAD P.O., ARYANAD, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT, (DRIVER (RETIRED) KSRTC, NEDUMANGAD,ARYANAD. BY ADVS. MR.ANANDARAJAN.N., MR.PRATHEUSH.M.ANAND. RESPONDENT(S): -------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVNANTHAPURAM -23. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM -23. 3. THE DISTRICT TRANSPORT OFFICER, KSRTC, NEDUMANGAD. 4. THE SECRETARY, K.S.T. WORKER'S CO-OPERATIVE SOCIETY LTD., NO. T133, THAMPANOOR, THIRUVNANTHAPURAM -1. 5. THE ARBITRATOR AND THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, (GENERAL), THIRUVANANTHAPURAM . R1 BY ADV. MR. K.PRABHAKARAN, SC, KSRTC R4 BY ADV. MR. N.UNNIKRISHNAN,SC KSTW CO.OP SOCIETY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.5220 of 2009-V = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 18th day of February, 2009. JUDGMENT Petitioners 2 and 3 are guarantors to the first petitioner for a transaction under which certain facilities were availed from the fourth respondent. There were agreements under Section 37 of the KCS Act. The petitioners allege that respondents 1 to 3 have effected recoveries in terms of Section 37, however that, the amounts are not being paid to the fourth respondent and that this has resulted in the failure to close the transactions. Under such circumstances, this Court has repeatedly held that the first respondent is duty bound to pay to the creditor society, in this case, the fourth respondent, all amounts recovered from the debtors and the first respondent is also to suffer the interest component adding on to that amount as would be WP(C)5220/2009 -: 2 :- otherwise payable by the debtors. For the foregoing reasons, this writ petition is ordered directing that respondents 1 to 3 will ensure that all amounts recovered from the petitioners at the instructions of the fourth respondent shall be released to the fourth respondent with interest that would run on it as claimed by the fourth respondent in terms of the contract between the fourth respondent and the petitioners. Such amounts shall be released within a period of one month of the fourth respondent intimating the second respondent the amounts so due in terms of this judgment. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/190209