High Court of KeralaWP(C)/8788/2009closed

V.Surendran Nair v. Kerala State Co-Op.Bank

2015-06-08Honourable Mr. Justice Anil K.Narendran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN MONDAY, THE 8TH DAY OF JUNE 2015/18TH JYAISHTA, 1937 WP(C).No. 8788 of 2009 (P) --------------------------- PETITIONER(S):

-------------------------- V.SURENDRAN NAIR, L.D.TYPIST, OFFICE OF THE LABOUR COMMISSIONER HOUSING BOARD BUILDING, THIRUVANANTHAPURAM RESIDING AT NEELAMBARI, THOZHUVANCODE VATTIYOORKAVU P.O., THIRUVANANTHAPURAM, PIN-691 011. BY ADV. SRI.KILLIYOOR P.GOPALAKRISHNAN NAIR RESPONDENT(S):

----------------------------

1. KERALA STATE CO-OPERATIVE BANK LTD., HEAD OFFICE BRANCH, P.B.NO.6514, COBANK TOWERS PALAYAM, THIRUVANANTHAPURAM.

2. THE ADMINISTRATIVE ASSISTANT, OFFICE OF THE LABOR COMMISSIONER HOUSING BOARD BUILDING, THIRUVANANTHAPURAM.

R1 BY ADV. SRI.GEORGE POONTHOTTAM, SC, KERALA STATE CO.OP BANK R2 BY SRI P.V.ELIAS, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO.8788/2009 APPENDIX PETITIONER'S EXHIBITS:

P1 :

COPY OF THE ORDER DATED 05.08.2008 ISSUED BY THE 1ST RESPONDENT P2 :

COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT RESPONDENTS' EXHIBITS: N I L //TRUE COPY// P.A. TO JUDGE

ANIL K. NARENDRAN, J.

------------------------------- W.P.(C) No.8788 of 2009 ---------------------------------------------- Dated this the 8th day of June, 2015

JUDGMENT

This writ petition has been filed by the petitioner who was a surety to the loan granted by the 1st respondent bank to one Harikumar. When there was default on the part of the borrower, recovery proceedings were initiated against the petitioner pursuant to Ext.P1 demand notice by deducting a sum of Rs.4,000/- per month from his salary. On 19.03.2009, this Court passed the following order:

"As of now, recovery against the petitioner will stand trimmed down to be at the rate of Rs.2,500/- per month. The bank will state the action taken against the coobligants, including the debtor."

2. On 03.06.2015, when the writ petition came up for final hearing, there was no representation for the petitioner. The learned Standing Counsel for the respondent bank was directed to ascertain the present position of the Samridhi loan [A/c No.2029 (1.512.1834)] availed by the borrower in which the petitioner was a co-obligant.

W.P.(C) No.8788/2009

3. Today, when the case was taken up for further consideration, there is no representation for the petitioner. The learned Standing Counsel for the respondent bank would submit that the loan account in question i.e., loan A/c No.2029 (1.512.1834) sanctioned to one Harikumar in which the petitioner was a co-obligant has already been closed. Recording the aforesaid submission made by the learned Standing Counsel for the respondent bank, this writ petition is closed.

SD/- ANIL K. NARENDRAN, JUDGE