IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(C).No. 37625 of 2008(D) -------------------------------------- PETITIONER: --------------- SASIDHARAN PILLAI, S/O.NARAYANAN NAIR, AGED 58 YEARS, CHITHANYALIL, KAIPPUZHA MURI, KULANADU TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.NIDHI BALACHANDRAN SRI.ANIL R.NATH RESPONDENTS: ------------------------ 1. KULANADA SERVICE SAHAKARANA BANK LTD, NO.2183, REPRESENTED BY ITS SECRETARY. 2. SPECIAL SALE OFFICER, PATHANAMTHITTA SCB GROUND, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G),PATHANAMTHITTA. 3. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G),PATHANAMTHITTA. 4. RADHAKRISHNA PILLAI, KALLAYYATH HOUSE, PANTHALAM(PO),PATHANAMTHITTA. 5. RADHAMANIYAMMA.P.G, RAGAM, 28/2688, RAVEENDRAN ROAD, ERNAKULAM, KADAVANTHRA, KOCHI-682020. R2 GOVERNMENT PLEADER SRI. K. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) NO.37625 OF 2008 (D) ------------------------------------------------------ Dated this the 19th day of December, 2008 J U D G M E N T Petitioner and fifth respondent are sureties for a loan availed by the fourth respondent. Fifth respondent is the sister of the fourth respondent. According to the petitioner, the principal debtor made certain fraudulent statements before the society to obtain the loan. The recovery proceedings are initiated only against the petitioner. That be itself is not a ground to entertain the challenge to the recovery proceedings, particularly when the impugned Exhibit P2 would show that it is only a notice of demand, following an arbitration award. After the award has become final, the petitioner and respondents 4 and 5 have also to suffer the consequences. The respondents 1 and 2 will ensure that proceedings promptly initiated against respondents 4 and 5 also, unless there are interdicting orders by the statutory authority, in accordance with law. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/22/12 // True copy // P.A. to Judge.