IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 WP(C).No. 6963 of 2009(M) ------------------------------------- PETITIONER(S): ---------------------- 1. K.T. RAJAN, 51 YEARS, S/O. LATE KUNJU KUNJU, KALLUPARAMBIL, KUMARAMANGALAM P.O., THODUPUZHA. (WORKING AS SENIOR U.D.CLERK, TODDY WORKERS WELFARE FUND BOARD OFFICE, THODUPUZHA). 2. M.A. AUGUSTHY, AGED 41 YEARS, S/O. AUGUSTHY, MURIAN VAYALIL, MYLAKOMPU P.O., THODUPUZHA, IDUKKI DISTRICT. (PRESENTLY WORKING AS RECORD KEEPER, TODDY WORKERS WELFARE FUND BOARD OFFICE, THRISSUR). 3. SHEELA RAJAN, AGED 40 YEARS, W/O. K.T.RAJAN, KALLUPARAMBIL, KUMARAMANGALAM PO., THODUPUZHA. (MEMBERSHIP NO.30484, LOAN NO.SRL 10/2003, DATED 25/06/2002) BY ADV. MR.R.RANJITH MR.M.T.SURESHKUMAR RESPONDENT(S): ------------------------- 1. TODDY WORKERS WELFARE FUND BOARD, ULLOOR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, REPRESENTED BY THE CHIEF WELFARE FUND INSPECTOR. 2. THE WELFARE FUND INSPECTOR, OFFICE OF THE WELFARE FUND INSPECTOR, THODUPUZHA. 3. THE THODUPUZHA URBAN CO-OPERATIVE BANK LIMITED., NO.394, THODUPUZHA, REPRESENTED BY ITS SECRETARY. 4. THE SPECIAL SALE OFFICER, THODUPUZHA URBAN CO-OPERATIVE BANK GROUP, THODUPUZHA. 5. THE WELFARE FUND INSPECTOR, OFFICE OF THE WELFARE FUND INSPECTOR, THRISSUR. R1, R2 & R5 ADV. MR.K.D.BABU, SC, KTWWFB R3 BY ADV. MR.ALEXANDER JOSEPH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 6963/2009-M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE EMPLOYMENT CERTIFICATE OF THE 1ST PETITIONER ALONG WITH AGREEMENT FOR RECOVERY FROM SLARY DATED 08/05/2002. EXT.P2: COPY OF THE EMPLOYMENT CERTIFICATE OF THE 2ND PETITIONER ALONG WITH AGREEMENT FOR RECOVERY FROM SALARY DATED 08/05/2002. EXT.P3: COPY OF THE RECEIPT DATED 24/02/2009 ISSUED BY THE 4TH RESPONDENT BANK. EXT.P4: COPY OF THE RELEVANT PAGES OF THE PASSBOOK ISSUED BY THE 4TH RESPONDENT BANK TO THE 2ND PETITIONER. EXT.P5: COPY OF THE REPRESENTATION DATED 24/02/2009 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT BANK. EXT.P6: COPY OF THE COMMUNICATION DATED 17/02/2009 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 6963 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 25th day of May, 2009 JUDGMENT Heard Sri. P. Ranjith, the learned counsel appearing for the petitioner, Sri. K.D. Babu, the learned standing counsel appearing for respondents 1, 2 and 5 and Sri. Alexander Joseph, the learned counsel appearing for the third respondent. 2. The first petitioner is the husband of the third petitioner. The third petitioner (the principal debtor) had availed a loan from the third respondent bank. Petitioners 1 and 2 are sureties to the said transaction. In this writ petition, the writ petitioners challenge the steps taken by the third respondent bank to recover the amounts due to it from the salary payable to petitioners 1 and 2. W.P.C. 6963/09 -2- 3. The learned counsel appearing for the third respondent submits that as on to day the sum of Rs.66,585/- is due from the petitioners. The learned counsel appearing for the petitioners submits that petitioners 1 and 3 will pay the balance amount due from them to the third respondent bank in monthly instalments of Rs.5,000/-. The learned Standing Counsel for the third respondent bank did not seriously oppose the said request. He, however,submitted that petitioners 1 and 3 will have to pay future interest also on the amounts presently due. 4. In the light of the submissions made at the Bar and the willingness expressed by petitioners 1 and 3 to pay the amount due from them in monthly instalments, I dispose of the writ petition with the following directions:- a) Petitioners 1 and 3 shall pay the amounts due from them to the third respondent bank in monthly instalments of Rs.5,000/- . The first instalment shall be paid on or before 5-6- 2009 and the succeeding instalments shall be paid on the 5th of every succeeding English calendar month. If the 5th of any of the succeeding months is a holiday , payment shall be made on the next working day. W.P.C. 6963/09 -3- b) If petitioners 1 and 3 to commit default in remitting any two consecutive intalments, it will be open to the third respondent to recover the amount due from them in lump. However, while taking such action the principal debtor, namely the third petitioner and her husband/the first petitioner shall be proceeded against in the first instance and the second petitioner shall be proceeded against only if the third respondent is not in a position to recover the amount from petitioners 1 and 3. c) The operation of Ext.P6 shall be kept in abeyance, if petitioners 1 and 3 comply with the afore said directions. Needless to say, the salary and allowances due to the second petitioner shall be paid in full not withstanding Ext.P6 and to the first petitioner as long as he does not commit default in complying with the directions issued in para 4(a) above. P.N.RAVINDRAN, JUDGE. mn. W.P.C. 6963/09 -4-