IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 WP(C).No. 34352 of 2007(M) ------------------------------------------ PETITIONER: -------------------- JITHA VARGHESE, W/O MERVIN PETER, PAREDATH HOUSE, KANJIRAMCHIRA WARD, ALAPPUZHA-688 007. BY ADV. SRI.SIVAN MADATHIL RESPONDENTS: ------------------------- 1. THE KERALA STATE FINANCIAL ENTERPRISES, REGISTERED OFFICE, 'BHADRATHA', P.O.BOX 510, CHEMBUKKADU, MUSEUM ROAD, THRISSUR, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE REGIONAL MANAGER, KERALA STATE FINANCIAL ENTERPRISES, KOLLAM. 3. THE BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES, HARIPPAD BRANCH. 4. M.S.SOBHAKUMARI, PULIMOOTTIL HOUSE, PUTHIYAVILA P.O., KAYAMKULAM – 690 502. R1 TO R3 SRI.ASOK M.CHERIYAN, SC, K.S.F.E. LTD. SRI.M.L.SAJEEVAN, SC, KSFE LTD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI,J. ------------------------- W.P ( C) No. 34352 of 2007 -------------------------- Dated this the 9th January, 2008 J U D G M E N T Petitioner stood as a surety for a loan availed by the 4th respondent from the 3rd respondent. The husband of the 4th respondent was another surety. Her grievance is that respondents 1 to 3 are proceeding with the attachment of her salary without ascertaining the possibility of recovery from the principal debtor and her husband. In the meanwhile, recovery has been effected from the petitioner’s salary for the months of April and May, 2007. A statement has been filed by the respondents as directed by this Court. Though there are properties standing in the name of the principal debtor and her husband, apparently, they are pledged as security for certain other loans availed by the 4th respondent and her husband from the Kayamkulam branch of the K.S.F.E. The repayment of the said loan has also been defaulted and the same has also been referred for recovery. After having heard the learned counsel for the petitioner, the writ petition is disposed of in the following terms. W.P ( C) No. 34352 of 2007 2 i) The 2nd respondent shall issue a notice to the petitioner, 4th respondent and the other surety namely the husband of the 4th respondent Sri. Radhakrishnan asking them to appear before the 2nd respondent. Thereupon, after hearing both sides, the 2nd respondent shall draw up a proceedings indicating a schedule for repayment. ii) The 2nd respondent shall consider whether recovery can be effected from the mortgaged properties offered as security by the principal debtor and her husband. These aspects shall be considered in the proceedings to be drawn up by the 2nd respondent. iii) Attempt may be made to recover the amount from the principal debtor and her husband, the other surety in the first instance. I make it clear that this is not to say that the petitioner will in any way be exonerated from her liability as surety. If there is any reason, which stands in the way of respondents 1 to 3 W.P ( C) No. 34352 of 2007 3 recovering the amounts due from the principal debtor or her husband or their assets, the same shall be indicated in the proceedings to be drawn up by the 2nd respondent in the manner indicated above. The entire proceedings as outlined above, shall be completed within three months from today. Till such proceedings are drawn up and intimated to the petitioner, the attachment of the petitioner’s salary shall be kept in abeyance and it shall be thereafter continued subject to the decision to be taken by the 2nd respondent in the manner indicated above, (V.GIRI, JUDGE) ma W.P ( C) No. 34352 of 2007 4 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007