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2018 Supreme(Ker) 352

K.SURENDRA MOHAN, ANNIE JOHN
Kerala State Financial Enterprises Limited – Appellant
Versus
Syamala T. , D/o. Thankakka – Respondent


Advocates Appeared:
For the Appellant : Sri. M. Gopikrishnan Nambiar, Sri. P. Gopinath, Sri. K. John Mathai, Sri. Joson Manavalan, Sri. Kuryan Thomas, Sri. Paulose C. Abraham
For the Respondents: Sri. Dipu. R., Sri. K.S. Haridas, Smt. Merciamma Mathew, Sri. V. Renjith Kumar, Sri. Thomas Abraham

ORDER :

Annie John, J.

The petitioner, the Kerala State Financial Enterprises Ltd., has filed this writ appeal challenging the judgment of the learned single Judge holding that the debt has become time barred. The writ petition was filed by the first respondent challenging Exts. P1 and P2 notices issued by the first respondent Tahsildar and also for a direction not to initiate steps to recover any amount from the salary of the petitioner and to direct the first respondent to proceed against respondents 3 and 4.

2. The petitioner stood as a surety to one Leela K., who is the third respondent in the writ appeal. She had availed a loan as NCL 253 on 05.01.2000 for an amount of Rs.50,000/-. The petitioner as well as the 4th respondent were the sureties of the third respondent to avail the loan. The principal debtor, the 3rd respondent, after obtaining the loan had remitted Rs.666/- on 03.04.2000, Rs.666/- on 31.04.2000, Rs.833/- on 01.03.2000, Rs. 4000/- on 07.02.2000, Rs. 9881 on 21.06.2001, Rs. 3000/- on 31.07.2002, Rs.2000 on 31.12.2004. Subsequently, the respondent did not remit































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