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2026 Supreme(Online)(Ker) 1664

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
CHANDRABOSE PK – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SMT.KEERTHI M., SHRI.ARJUN RAJA P.C.
For the Respondents: SRI. P.C SASIDHARAN, SRI. V.K SUNIL

JUDGMENT The petitioner was one of the guarantors to a loan availed by the 8th respondent from the 7th respondent Society. According to the petitioner, the petitioner is presently working as a Sub Inspector of Police while the 8th respondent, who was working as a Civil Police Officer (DVR) in the Motor Transport Office, Ernakulam and retired from service on 31.05.2025.

2. According to the petitioner, the 7th respondent Society is proceeding to recover the liability of the 8th respondent from the salary of the petitioner and the other guarantor, while not attempting to recover the amount from the 8th respondent.

3. The learned counsel appearing for the 7th respondent Society submits that on default being committed by the 8th respondent, proceedings were initiated under Section 69 of the Kerala Co-operative Societies Act , 1969 against the petitioner, the other guarantor and the 8th respondent and an award was obtained determining the liability of the 8th respondent. It is submitted that the petitioner as a guarantor has no legal right to contend before this Court that the 7th respondent must proceed against the 8th respondent before proceeding against the petitioner. It is submitted

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