IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 WP(C).No. 34387 of 2006(R) -------------------------- PETITIONERS: ------------ 1. K.L.RAPPAI, KALLAPPARAMBIL HOUSE, P.O.KALLUR, TRICHUR DISTRICT. 2. K.J.GEORGE JOSEPH @ JOY, KALLUMPARAMBATH HOUSE, P.O.MUTTITHADI, TRICHUR. BY ADV. SRI.V.G.ARUN RESPONDENTS: ------------- 1. THE KALLUR SERVICE CO-OPERATIVE BANK LTD. NO.R.227, P.O.KALLUR, VIA. ALAGAPPA NAGAR, TRICHUR, REPRESENTED BY ITS SECRETARY. 2. THE THRISSUR DISTRICT CO-OPERATIVE EMPLOYEES CO-OPERATIVE SOCIETY LTD. NO.R.325, P.O.AYYANTHOLE, TRICHUR, REPRESENTED BY ITS SECRETARY. 3. P.C.VASU, S/O. CHATHAN, PALIYAN VEEDU, P.O.KALLUR, TRICHUR DISTRICT. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MUKUNDAPURAM. R1 & 2 BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.P.K.SAJEEV R4 BY SENIOR GOVT. PLEADER, SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34387/2006/R APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF THE NOTICE PUBLISHED IN MATHRUBHOOMI DAILY DATED 16-11-2003. EXT. P2: COPY OF THE APPLICATION DATED 21-7-2006. EXT. P3: COPY OF THE APPLICATION DATED 15-9-2006. EXT. P4: COPY OF THE LETTER DATED 13.10.2006. EXT. P5: COPY OF THE LETTER DATED 1-11-2006. EXT. P6: COPY OF THE LETTER DATED 10-11-2006. EXT. P7: COPY OF THE CERTIFICATE DATED 5-12-2006. EXT. P8: COPY OF THE APPLICATION DATED 3-11-2006. /TRUE COPY/ P.S. TO JUDGE JP THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.34387 of 2006-R = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 30th day of May, 2008. JUDGMENT Notice published. Third respondent does not appear. Learned Government Pleader appears for the fourth respondent. Counsel appears for the first respondent. None appears for the second respondent. The second respondent is a creditor of the third respondent, who was an employee of the first respondent. He abstained from office and he has been removed. Petitioners had stood as guarantors for a facility availed by the third respondent from the second respondent. It is stated that as of now, amounts are available with the first respondent to be paid to the third respondent on account of his service. It is directed that all such amounts shall be credited to the second WP(C)34387/2006 -: 2 :- respondent after deducting all amounts that may be due from the third respondent to the first respondent and any further recovery from the petitioners will be only after giving all such credit. It is also clarified that this judgment does not stand in the way of the petitioners moving against the third respondent for restitution or contribution. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/040608