IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 WP(C).No. 25982 of 2011(W) -------------------------- PETITIONER(S): --------------- MARIYAKUTTY M.U,W/O.JAMES,AGED 47 YEARS, 525, THUNDUPARAMBIL, MANANTHAVADY, WAYANAD DISTRICT, WORKING AS LPSA AT CENTRAL L.P SCHOOL, WAYANAD DISTRICT. BY ADV. SRI.C.A.CHACKO RESPONDENT(S): --------------- 1. KERALA STATE CO-OPERATIVE BANK LTD, WAYANAD BRANCH, LEO HOSPITAL ROAD, P.O KALPETTA, WAYANAD 673 121. REPRESENTED BY ITS BRANCH MANAGER. 2. MANOJ P.T, P.D TEACHER, GOVERNMENT HIGHER SECONDARY SCHOOL KARTIKULAM P.O VIA MANANTHAVADY, WAYANAD DISTRICT 670 646. 3. THE HEAD MISTRESS, CENTRAL AIDED L.P SCHOOL, THOLPETTY, WAYANAD 670 646. BY ADV.SRI.NAGARAJ NARAYANAN, SC, KERALA STATE CO-OPERATIVE BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SU W.P.C.NO.25982/2011 APPENDIX PETITIONER'S EXHIBITS: P1. COPIES OF THE RECEIPTS ISSUED BY THE IST RESPONDENT. P2. COPY OF THE LETTER DATED 11.5.2011 SENT BY THE IST RESPONDENT TO THE 3RD RESPONDENT. P3. COPY OF THE REPRESENTATION DATED 20.6.2011 SENT BY THE PETITIONER TO THE IST RESPONDENT. RESPONDENTS' EXHIBITS: NIL. /TRUE COPY/ P.A. TO JUDGE SU P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.25982 of 2011 ----------------------------------------- Dated this the 13th day of October, 2011 JUDGMENT The petitioner is a surety to a loan availed by the second respondent from the first respondent bank. She has filed this writ petition challenging Ext.P2 requisition dated 11.5.2011 issued by the Branch Manager of the first respondent bank under section 37 of the Kerala Co-operative Societies Act, 1969. The main contention raised by the petitioner is that the first respondent has not taken steps to recover the monthly instalments from the second respondent who is stated to be drawing a salary of Rs.27,000/-. It is stated that as a result thereof the petitioner was constrained to make periodical payments aggregating to Rs.1,13,900/-. 2. Sri.Nagaraj Narayanan, learned standing counsel appearing for the first respondent, submitted that as on today the balance amount due from the second respondent is Rs.1,21,000/- and that as a surety to the loan transaction, the petitioner is jointly and severally liable along with the second respondent to repay the loan. W.P(C).No.25982 of 2011 -:2:- 3. Section 128 of the Indian Contract Act stipulates that in the absence of a contract to the contrary, the liability of a surety is co-extensive with that of the principal debtor. The petitioner has no case that under the terms of the loan agreement her liability is not co-extensive with that of the principal debtor. That apart, the petitioner has executed an agreement in terms of section 37 of the Kerala Co-operative Societies Act authorising the first respondent bank to recover the monthly instalments from her salary in the event of default being committed by the principal debtor. Even on the petitioner's own showing, the principal debtor is admittedly in default. The first respondent is therefore justified in proceeding against the petitioner. I therefore, find no grounds to interfere with the proceedings initiated against the petitioner by the first respondent. The remedy of the petitioner is to pay the amount due and to sue the principal debtor to realise the amount paid by her from him. Without prejudice to that right the writ petition is dismissed. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.25982 of 2011 ---------------------------- JUDGMENT 13th October, 2011