Jancy Chacko vs Thiruvananthapuram Service ...
2021 Latest Caselaw 9287 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942

                      WP(C).No.28982 OF 2020(W)


PETITIONERS:

               JANCY CHACKO
               AGED 38 YEARS
               D/O. A.C CHACKO, VELLAYIL HOUSE,
               CHITTOOR SOUTH, ERNAKULAM PIN 682 027
               WORKING IN THE ADVOCATE GENERAL OFFICE, ERNAKULAM

               BY ADVS.
               SRI.C.D.DILEEP
               SMT.SHYLAJA VARGHESE

RESPONDENTS:

      1        THIRUVANANTHAPURAM   SERVICE CO-OPERATIVE BANK
               LTD NO. T.131, H.O   PRESS ROAD,
               THIRUVANANTHAPURAM   PIN 695 001
               REPRESENTED BY ITS   SECRETARY

      2        JOINT REGISTRAR (GENERAL)
               CO-OPERATIVE SOCEITIES,
               THIRUVANANTHAPURAM PIN 695 014

      3        BAIJU M.R,
               S/O. RAJASEKARAN,
               GOURESANKARAM, T.C 27/978, VANCHIYOOR,
               THIRUVANANTHAPURAM PIN 695 035

               R1-2 BY ADV. SMT.LIGEY ANTONY
               R1-2 BY ADV. SRI.D.SAJEEV
               R3 BY ADV. SRI.R.T.PRADEEP
               R3 BY ADV. SMT.M.BINDUDAS
               R3 BY ADV. SRI.K.C.HARISH
               R3 BY ADV. SRI.NAIR AJAY KRISHNAN

OTHER PRESENT:

               SR.GP BIMAL K NATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).28982/2020
                                     2




                              JUDGMENT

Petitioner herein is a surety to the loan availed by the third

respondent, who is her husband. She had furnished her salary

certificate for the purpose of creating the liability. It seems that,

recovery notice was issued to her for attachment of salary. Ext.P3 is the

recovery notice.

2. The grievance of the petitioner is that, proviso to Section

37(2) of the Kerala Co-operative Societies Act has not been complied

with. Section 37(2) of the Act provides that, before the salary of any

person is sought to be attached, 30 days notice shall be issued to that

person.

3. The contention of the learned counsel for the bank is that,

two notices were issued prior to this to the husband of the petitioner,

who was the principal debtor.

4. Though the parties are husband and wife, that by itself

cannot be a ground for dispensing with the notice contemplated under

section 37(2) of the Act to the debtor on the ground that the principal

debtor/husband has been issued with a notice.

5. In the light of above, I am inclined to hold that, Ext.P3 notice

is improper and hence, liable to be set aside. I do so. W.P(C).28982/2020

In the result, Writ Petition is allowed. Ext.P3 is quashed.

However, it is made clear that, this will not preclude the bank from

initiating appropriate legal proceedings in compliance with Section

37(2) of the Kerala Co-operative Societies Act.

Sd/-

                                              SUNIL THOMAS

Sbna                                              JUDGE
 W.P(C).28982/2020





                         APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE ORDER DATED 3-01-2020 IN
                     CMP NO. 5/2020 IN MC NO.1/2020

EXHIBIT P2           A TRUE COPY OF THE OP NO.1699/2019 PENDING

BEFORE THE FAMILY COURT THIRUVANANTHAPURAM

EXHIBIT P3 A TRUE COPY OF THE RECOVERY NOTICE NO.

1922/RC/20-21 DATED 13-11-2020 OF THE 1ST RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 12-12-2020