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2015 Supreme(Ker) 1691

DAMA SESHADRI NAIDU
Sukumaran – Appellant
Versus
Kollam District Co operative Bank Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: R. Rajesh (Pullikada)
For the Respondents: T.R. Harikumar & G. Gopakumar (Government Pleader)

JUDGMENT :

1. Heard the learned counsel for the petitioner, the learned Standing Counsel for the respondent Bank, and the learned Government Pleader, apart from perusing the record.

2. The petitioner, having served the second respondent, retired on 31.10.2013 as Station Master. While he was in service, in 2001, along with two others, he stood guarantee to the loan obtained by one of his colleagues from the first respondent Bank.

3. Having committed default, the principal borrower retired from service in 2009 and later died in 2011. Two other sureties, too, also retired in 2011 and 2012 respectively.

4. In 2013, after his retirement, the petitioner sought a ‘No Liability Certificate’ from his employer, who, in turn, issued Ext.P2 Liability Certificate dated 26.09.2014. Among the liabilities mentioned in the said certificate, item No. 4 pertains to the loan to which the petitioner stood guarantee way back in 2001. Aggrieved, seeking removal of item No.4 from Ext.P2, the petitioner has filed the present writ petition.

5. The learned counsel for the petitioner has submitted, first, that the entire loan has been barred by limitation; second, that by letting all other people retire, the first




















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