IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 10045 of 2009(A) -------------------------- PETITIONER(S): --------------- THE CHENGAMANAD SERVICE CO-OPERATIVE BANK LTD., REPRESENTED BY ITS SECRETARY, PUTHUVASSERY, NEDUMBASSERY, ERNAKULAM (DIST). BY ADV. SRI.ANIL K.MOHAMMED RESPONDENT(S): --------------- 1. P.R.MOHANAN, FIRST GRADE OVERSEAR, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, PVIP, SUB DIVISION NO.1, BHOOTHATHANKETTU, ERNAKULAM DISTRICT, RESIDING AT VISHWAKALALAYAM, DESOM P.O., ALUVA, ERNAKULAM (DIST). 2. ASSISTANT EXECUTIVE ENGINEER, PVIP, SUB DIVISION NO.1, BHOOTHATHANKETTU, ERNAKULAM DISTRICT. 3. CHIEF ENGINEER, IRRIGATION ADMINISTRATION, PUBLIC OFFICE, THIRUVANANTHAPURAM. R2, R3 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.10045 OF 2009 ------------------------------------------- Dated this the 30th day of March, 2009 JUDGMENT The petitioner is a co-operative society. It states that from December, 2004 onwards, it had been repeatedly moving the employer of the first respondent for recovery under Section 37 of the Kerala Co-operative Societies Act, 1969. The principal debtor died. The first respondent is the surety. Section 37(2) provides that if there is a refusal to comply with the request in terms of an agreement under Section 37, a criminal complaint can be filed. The penalty may be too limited. But yet, that is the law of the land. Repeated consecutive failure to oblige a request under Section 37 never, apparently, invites penalty under Section 37(2). The petitioner has also alternate remedy to invoke arbitration under Section 69 of the KCS Act. Either way, I do not find it necessary for this Court to aid the petitioner to recover the amounts due from the first respondent surety. The writ petition fails. The same is dismissed without prejudice to alternate remedies. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.31/3.