IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 WP(C).No. 14868 of 2008(T) ------------------------------------- PETITIONER : ------------------ MEENAKSHY AMMA, W/O.GOPALAKRISHNAN NAIR, AGED 74, SREEVALSOM, GOVINDAMANGALAM, MALAYINKEEZHU VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.VAZHUTHACAUD R.NARENDRAN NAIR SRI.R.T.PRADEEP RESPONDENTS : ---------------------- 1. AUTHORISED OFFICER, THE TRIVANDRUM DIST CO-OPERATIVE BANK LTD HEAD OFFICE, TRIVANDRUM. 2. THE MANAGEER, TRIVANDRUM DIST CO-OPERATIVE BANK LTD, FORT MAIN BRANCH, TRIVANDRUM. 3. C.VIJAYAKUMAR, SAROJA BHAVAN, VALIYAVILA,THIRUMALA PO. 4. P.UMA, SAROJA BHAVAN, VALIYAVILA, THIRUMALA PO, TRIVANDRUM. BY ADV. SRI.V.G.ARUN - R1 & 2 SRI.T.R.HARIKUMAR - R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ============== W.P.(C).No. 14868 OF 2008 ==================== Dated this the 1st day of July, 2008. J U D G M E N T The petitioner, who is only a surety for loan amounts taken by respondents 3 and 4 from the 2nd respondent, bank, is challenging proceedings initiated by the respondents 1 and 2 under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Petitioner raises two contentions. First is that the bank should be directed to proceed first against the principal debtor, before proceeding against the petitioner, who is only a surety. Second is that the debt is time barred and therefore proceedings under the Act cannot be proceeded with. 2. The learned standing counsel appearing for the respondents 1 and 2 submit that the bank will proceed against the petitioner only after proceeding against the principal debtor first and the Bank is not able to realise the amounts from the principal debtor. This is recorded and the writ petition is disposed of without prejudice to the right of the petitioner to raise the question of limitation again in appropriate proceedings. S.SIRI JAGAN, JUDGE bkn/-