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2026 Supreme(Online)(Ker) 3037

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. GOPINATH P., J
DR BINU HARRIET IVAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.A.S.SHAMMY RAJ
For the Respondents: GOVERNMENT PLEADER SRI.GIGIMON ISSAC, SRI.K.SIJU, SHRI.TOBIAS TOGI MATHEW, SMT.ANJANA KANNATH, SMT. MARIYA JOSE, SMT. RESMI THOMAS (GP)

JUDGMENT

The petitioner was one of the sureties for the loan availed by the 7th respondent from the 4th respondent. The petitioner is before this Court being aggrieved by the fact that the 4th respondent-Society is proceeding against the petitioner without taking any steps against the 7th respondent. It is also the contention of the petitioner that if at all recovery can be effected from the salary of the petitioner, the same will be subject to the limits under Section 60 of the Code of Civil Procedur, 1908. The petitioner further contends on the strength of the judgment of this Court inJames Varghese V. State of Kerala and Others ; 2012 (4) KHC 251 and the judgment of the Supreme Court in Pawan Kumar Jain V. Pradeshiya Industrial and Investment Corporation of U.P.Ltd and Others ; (2004) 6 SCC 758, that the Society could not have proceeded against the petitioner to the exclusion of the 7th respondent-principal debtor. It is submitted that, in James Varghese (supra), this Court had observed that, there cannot be an unfair advantage to the principal debtor by the Society not proceeding against the principal debtor and proceeding only against the guarantor. It is submitted that, in Pa

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