HIGH COURT OF KERALA
N. NAGARESH, J
KOTTUKAL SERVICE CO-OPERATIVE BANK LTD.NO.T 196 – Appellant
Versus
STATE OF KERALA – Respondent
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
The court ruled that the respondents were not legally obligated to recover the loan amount from the guarantor's salary, dismissing the writ petition.
A guarantor's liability is co-extensive with the principal debtor, and the creditor can pursue recovery against the guarantor without exhausting the borrower's assets first.
The court established that petitioners could repay their loan in installments, providing conditions to avoid coercive action.
The obligation to remit deducted loan payments lies with the employer even in financial hardship situations.
Court allowed repayment of loan in instalments to prevent coercive actions by the bank under the Kerala Co-operative Societies Act.
Equitable relief to debtors is permissible under the Kerala Co-operative Societies Act, allowing repayment in instalments despite defaults.
Court allows installment repayment for loan default under cooperative society laws.
Court allows repayment of loan default in installments, balancing lender rights against borrower's ability.
Court permitted installment repayment of loan dues under certain conditions, balancing creditor rights with debtor relief.
The court may allow structured installment repayments to debtors facing financial hardship, despite prior defaults.
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