IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 WP(C).No. 26861 of 2011(G) ---------------------------------------- PETITIONER(S): ---------------------- 1. G.MURALEEDHARAN NAIR, S/O.GOVINDA PILLAI, DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, PALODE UNIT OF NEDUMANGAD DEPOT, RESIDING AT CHARUVILA PUTHEN VEEDU, CHATHANKONAM, KALLARA P.O., THIRUVANANTHAPURAM DISTRICT, PIN-695 608. 2. B.VIJAYAN, S/O.BHARGAVAN, DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, PALODE UNIT OF NEDUMANGAD DEPOT, RESIDING AT SANTHA BHAVAN, PLAVARA, PACHA P.O., PALODE, THIRUVANANTHAPURAM DISTRICT, PIN-695 562. BY ADV. SRI.ANANDARAJAN.N RESPONDENT(S): --------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695 023. 2. THE FINANCIAL ADVISER & CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695 023. 3. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, NEDUMANGAD DEPOT, NEDUMANGAD - PIN-695 541. Kss ..2/- ..2... WPC.NO.26861/2011 G 4. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, VELLANAD DEPOT, THIRUVANANTHAPURAM DISTRICT - 695 031. 5. P.SHAJAHAN, DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, ARYANAD UNIT OF VELLANAD DEPOT, THIRUVANANTHAPURAM DISTRICT. - 695 031. 6. THE SECRETARY, KERALA STATE TRANSPORT WORKERS' CO-OPERATIVE SOCIETY LTD. NO. T.133, S.S.KOVIL ROAD, THAMPANOOR, THIRUVANANTHAPURAM-695 001. 7. THE ARBITRATOR, KERALA STATE TRANSPORT WORKERS' CO-OPERATIVE SOCIETY LTD. NO.T.133, THAMPANOOR, THIRUVANANTHAPURAM, PIN-695 001. BY ADV. SRI. BABU JOSEPH KURUVATHAZHA, SC, KSRTC R6 BY ADV. SRI.N.UNNIKRISHNAN,SC KSTW CO.OPERATIVE SOCIETY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.26861/2011 G APPENDIX PETITIONER'S EXHIBITS: EXT.P1(A) TRUE COPY OF SUMMONS DTD.1/8/11 WITH COPY OF PETITION RECEIVED BY THE IST PETITIONER FROM THE THE 7TH RESPONDENT. EXT.P1(B) TRUE COPY OF SUMMONS DTD.1/8/11 WITH COPY OF PETITION RECEIVED BY THE 2ND PETITIONER FROM THE 7TH RESPONDENT. EXT.P2(A) TRUE COPY OF REQUISITION LETTER NO.2281/11-12 DTD. 27/6/11 SENT BY THE 6TH RESPONDENT TO THE 3RD RESPONDENT. EXT.P2(B) TRUE COPY OF REQUISITION LETTER NO.2282/11-12 DTD. 27/6/11 SENT BY THE 6TH RESPONDENT TO THE 3RD RESPONDENT. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.N. RAVINDRAN, J. ------------------------------- W.P (C) No. 26861 of 2011 ------------------------------- Dated this the 12th day of October, 2011 J U D G M E N T The petitioners, who are employees of the Kerala State Road Transport Corporation are sureties to a loan availed by the fifth respondent, yet another employee of the Kerala State Road Transport Corporation from the sixth respondent co-operative society. This writ petition is filed seeking to quash Exts.P1(a) and P1(b) summons in A.R.C.No.972 of 2011 issued by the Arbitrator to the petitioners and A.R.C.No.972 of 2011. It is contended that the petitioners are only sureties, that the fifth respondent who is also an employee of the Kerala State Road Transport Corporation is drawing a monthly salary and without realising the amounts due from the fifth respondent, the sixth respondent society has attached the salary of the petitioners to the tune of Rs.1500/- per month by issuing Exts.P2(a) and P2(b) requisitions. The petitioners contend that as the principal debtor is in a position to repay the loan, the sixth respondent society should have take steps to recover the amount due from the fifth respondent instead of instituting the arbitration case or proceeding against the petitioners under section 37(2) of the Kerala Co-operative Societies Act. W.P.(C) No.26861 of 2011 2 2. The petitioners are admittedly sureties to a loan availed by the fifth respondent. Under section 128 of the Indian Contract Act, 1872, the liability of the surety is co-extensive with that of the principal debtor, unless it is otherwise provided by the contract. The petitioners have no case that it is otherwise provided in the contract and their liability is not co-extensive with that of the principal debtor. As the principal debtor is admittedly in default, the sixth respondent society is entitled to institute an arbitration case under section 69 of the Kerala Co-operative Societies Act or to proceed against the sureties and the principal debtor by attaching their salaries. I, therefore, find no merit in the contention of the petitioners that the sixth respondent should have proceeded against the principal debtor first before proceeding against them. I accordingly hold that the challenge to the institution of the arbitration case and steps taken by the sixth respondent society to attach the salary of the petitioners is misconceived and without any merit. The writ petition fails and is dismissed. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No. 26861 of 2011 JUDGMENT Dated:- 12th October, 2011 --------------------------------------