IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 WP(C).No. 6450 of 2008(P) ------------------------------------- PETITIONER: ------------------- T.K.MAJU, AGED 51, S/O.T.K.ACHUTHAN, SREELAKSHMI NIVAS, ELAMPILAKKAD, CHERUKULATHUR P.O., CALICUT-8. BY ADV. SRI.SAJU.S.A. RESPONDENTS: ------------------------ 1. THE GENERAL MANAGER, KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD. NO.F.1365, RAMANATTUKARA, PIN 673 633, REPRESENTED BY ITS GENERAL MANAGER. 2. SPECIAL SALE OFFICER, KOZHIKODE DISTRICT CO-OPERATIVE BANK, KOZHIKODE 673 002. 3. VIAYARAGHAVAN, POTTANGADI, PERUMUGHAM, FEROKE P.O., KOZHIKODE DISTRICT. 4. K.PRATHAPACHANDRAN, KODAYAM PARAMBIL HOUSE, MANKAVE, KOZHIKODE DISTRICT. 5. THE MECHANICAL ENGINEER, REGIONAL WORKSHOP, KSRTC, KOZHIKODE. R1 & R2 BY SRI. P.V. KUNHIKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.6450 of 2008-P = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 19th day of March, 2008. JUDGMENT The third respondent availed a loan on 11-2-1993 for the purchase of a television set. The amount availed was Rs.13,000/- repayable with interest at 22% per annum. Ext.P1 shows that an amount of Rs.11,835/- was paid by the third respondent till 5/1997. On default, thereafter, Ext.P3 award was passed on 6-3-2000 allowing recovery of an amount of Rs.13,241/- with interest at 22% on Rs.8,747/- from 1-7-1999 and costs. The petitioner, a surety for the transaction, is also bound by Ext.P3 award dated 6-3-2000. Therefore, he cannot find fault with the issuance of the impugned Ext.P2 under Rule 77 of the Kerala Co- operative Societies Rules, 1969. Though it may be open to him to seek redressal against Ext.P3 WP(C)6450/08 -: 2 :- before any appropriate forum in accordance with law, he will be entitled to any amount that he pays in satisfaction of the impugned award, from the principal debtor, the third respondent. I, therefore, do not find any legal infirmity or jurisdictional error in the impugned Ext.P2 as it now stands. The writ petition fails. The same is accordingly dismissed without prejudice to the right of the petitioner to seek redressal against Ext.P3. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/