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2025 Supreme(KER) 1080

HIGH COURT OF KERALA
N. NAGARESH, J
KOTTUKAL SERVICE CO-OPERATIVE BANK LTD.NO.T 196 – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.S.P.ARAVINDAKSHAN PILLAY, SMT.N.SANTHA, SRI.V.VARGHESE, SRI.PETER JOSE CHRISTO, SRI.S.A.ANAND, SMT.K.N.REMYA, SMT.L.ANNAPOORNA, SRI.VISHNU V.K., SMT.ABHIRAMI K. UDAY, SRI.P.M.JOSEPH, SRI.MANOJ GEORGE(K/000584/2009), SMT.SHEEJA C.S., SR.GOVERNMENT PLEADER

JDUGMENT :

(N. NAGARESH, J.)

The writ petition has been filed by a Co-operative Bank seeking to declare that the Bank is entitled to an amount of Rs.4,10,134/- as on 24.08.2022 on account of the default committed by respondents 7 and 8 in the loan transaction arising out of Ext.P10 and the malfeasance and omission in the discharge of statutory duties on the part of respondents 3 to 6 and that the State is liable to make good the loss suffered by the Bank.

2. The 7th respondent availed a loan of Rs.2 lakhs from the Bank on 24.08.2015. The 8th respondent stood as a guarantor and offered his Salary Certificate. The 8th respondent was working as Senior Clerk in the Agricultural Development and Farmers Welfare Department. It is based on the security of the 8th respondent that the loan was sanctioned, contends the petitioner-Bank.

3. When the 7th respondent defaulted in making repayment, the petitioner required respondents 3 to 6 to recover monthly instalments from the salary of the 8th respondent. Respondents 3 to 6 refused to take any action. On the other hand, respondents 3 to 6 permitted the 8th respondent to go on retirement availing all his terminal benefits. Because of the failure of

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