IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 WP(C).No. 28115 of 2004(V) ---------------------------------------- PETITIONER: -------------------- M.M. BASHEER, AGED 44 YEARS, S/O. LATE MOHAMMED KASSIM, RESIDING AT PERINCHERIL HOUSE, PERUNNA WEST, CHANGANACHERRY. BY ADV. SRI.JOHN VARGHESE SRI.K.S.SAJEEV KUMAR RESPONDENTS: -------------------------- 1. SPECIAL SALE OFFICER, VAZHAPPALLY SERVICE CO-OPERATIVE BANK GROUP, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, CHANGANACHERRY. 2. THE SECRETARY, VAZHAPPALLY SERVICE CO-OPERATIVE BANK LIMITED, CHANGANACHERRY. 3. THE ASSISTANT REGISTRAR, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, CHANGANACHERRY. 4. E.J. JAMES, EDASSERYPARAMBIL, VAZHAPPALLY EAST, CHANGANACHERRY. 5. LISAMMA JAMES, EDASSERYPARAMBIL VAZHAPPALLY EAST, CHANGANACHERRY. ADV. SRI.LAL GEORGE FOR R2 SRI.PHILIP T.VARGHESE FOR R4, R5 SRI.THOMAS T.VARGHESE FOR R4, R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28115/2004 V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF SALE NOTICE DTD. 18/08/2004 ISSUED BY THE SALE OFFICER TO THE PETITIONER. EXT.P2; COPY OF REPRESENTATION DTD. 8/09/2004 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P3: COPY OF THE AUCTION NOTICE IN E.A.NO.183/03 DTD. 20/04/2005. EXT.P4: COPY OF THE RECEIPT ISSUED BY THE SPECIAL SALE OFFICER, VAZHAPPALLY SERVICE CO-OP.BANK GROUP DTD. 23/11/2005 TO THE PETITIONER. 2ND RESPONDENT'S EXHIBITS: EXT.R2(A): COPY OF THE AWARD PASSED IN ARC NO.99/02 DTD. 08/11/2002. EXT.R2(B): COPY OF THE R.P.NO.251/03. EXT.R2(C): COPY OF THE FINAL ORDER PASSED IN RP.NO.251/03. EXT.R2(D): COPY OF THE SALE NOTICE DTD. 20/04/2005. /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. ---------------------------------------------------------------- W.P.(C) NO.28115 OF 2004 (V) ---------------------------------------------------------------- Dated this the 2nd day of July, 2008 J U D G M E N T The petitioner is the guarantor to a loan transaction. The fourth respondent is the principal debtor. An award was passed holding the petitioner and fourth respondent jointly and severally liable for the defaulted amount. The challenge of the petitioner is that no action is being taken against the fourth respondent and therefore, the petitioner cannot be made liable. The said contention is stated only to be rejected because there is no legal foundation for that plea. I do not find any legal infirmity or jurisdictional error in the impugned proceedings. The petitioner has also not complied with the conditions imposed while granting interim relief against distress action. This writ petition fails and the same is accordingly dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/3-7-08