IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 WP(C).No. 28492 of 2009(F) -------------------------------------- PETITIONER(S): ----------------------- RAZEENA M., W/O. A.K.THAMEEM AGED 42 YEARS, ANCHALKUTTICKAL HOUSE KANGAZHA PO, CHANGANASSERY, KOTTAYAM DISTRICT. BY ADV. SRI.MANOJ RAMASWAMY, SMT.MERIL MUTHU P.JOHN. RESPONDENT(S): ------------------------- 1. THE MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE BANK LTD, HEAD OFFICE, COBANK TOWERS PALAYAM, THIRUVANANTHAPURAM -695 033. 2. THE SENIOR MANAGER THE KERALA STATE CO-OPERATIVE BANK LTD, ALAPUZHA BRANCH, STADIUM WARD, ALAPUZHA. 3. VISWANATHA MALLAN SENIOR ACCOUNTANT LOAN SECTION THE KERALA STATE CO-OPERATIVE BANK LTD ALAPUZHA BRANCH, STADIUM WARD, ALAPUZHA. 4. T.D. KUTTAPPAN THADATHIL HOUSE, PALAMPRA PO KANJIRAPPALLY, KOTTAYAM DISTRICT. R1 TO R3 BY ADV. SRI.NAGARAJ NARAYANAN, SC, K.S.CO-OP BANK. R4 BY ADV. SRI.PEARLY JOSE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 28492/2009-F APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COUNTERFOIL OF THE REMITTANCE MADE BY THE PETITIONER DURING VRIOUS SPELLS. EXT.P2: COPY OF THE ONCE SUCH RECEIPT DATED 06/04/2009 ISSUED BY THE 2ND RESPONDENT. EXT.P3: COPY OF THE NOTICE DATED 06/07/2009 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P4: COPY OF THE REPRESENTATION DATED 10/09/2009 SUBMITTED BEFORE THE PRESIDENT KERALA STATE CO-OPERTIVE BANK LTD. EXT.P5: COPY OF THE LETTER VIDE NO.CRM/OTS-C/140/ALP/2696/2009-10 DATED 11/09/2009 ISSUED BY THE 1ST RESPONDENT. EXT.P6: COPY OF THE LETTER DATED 23/09/2009 ADDRESSED TO THE 2ND RESPONDENT. EXT.P7: COPY OF THE REQUISITION LETTER DATED 30/09/2009 SUBMITTED BEFORE THE 1ST RESPONDENT. EXT.P8: COPY OF THE STATEMENT OF ACCOUNTS ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER VIDE NO.ABR/15.513.4194/896/2009-10 DATED 30/10/2009. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.28492 of 2009 ---------------------------- Dated 20th October, 2010 JUDGMENT The petitioner availed a loan of Rs.90,000/- from the second respondent bank. The 4th respondent was the surety. On account of the failure on the part of the petitioner to pay off the amount outstanding towards the loan account, the second respondent has initiated revenue recovery proceedings. The grievance of the petitioner is that on account of the said action initiated by the second respondent bank deductions have been made from the salary of the fourth respondent. Subsequently, the fourth respondent has retired from service and his DCRG is being withheld on his being the surety to the aforesaid loan transaction. The petitioner submits that he will discharge the liability provided, some time is granted for that purpose. Going by Ext.P8, the amount outstanding as on 31.10.2009 was Rs.15,611/-. The learned standing for the second respondent submits that the petitioner is liable to pay the interest accrued thereon plus other expenses and charges for the purpose of closing the loan account. The learned counsel for the petitioner submits that the petitioner is prepared to meet the said expenses and charges and he will clear the arrears. In view of the said submissions, this writ petition is disposed of as hereunder:- WP(C).No.28492/2009 2 The petitioner shall pay Rs.5,000/- within a period of two weeks from today. Thereupon, the second respondent shall intimate the petitioner with respect to the amount outstanding towards the said loan account. The said amount has to be cleared off by the petitioner in three equal monthly instalments starting from 6.12.2010. The instalments have to be paid on or before the 5th day of every succeeding months. The learned standing counsel for the second respondent submitted that on payment of Rs.5,000/- by the petitioner, the second respondent will take appropriate steps for discharging the fourth respondent from the liability. This is recorded. C.T.RAVIKUMAR Judge TKS