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The petitioner is the father of the 2nd respondent. The 2nd respondent availed a loan from the 1st respondent bank for pursuing her B.Sc. Nursing course. The petitioner was the guarantor. Petitioner could not pay back the loan amount. The 1st respondent bank initiated recovery proceedings against the petitioner and the 2nd respondent. Accordingly the petitioner has approached this Court.
2. The petitioner relies on the judgment of this Court in [Vasanthakumari v. State Bank of Travancore [2012 (1) KLT 755] and submits that the bank cannot proceed against the petitioner. However, Vasanthakumari (supra) has been set aside by the Division Bench of this Cour in SBT Karunagapplly v. Vasantha Kumari [2013 (1) KLT 649]. In view of the above, the petitioner being a co- obligant for the loan availed by the 2nd respondent, is equally liable W.P.(C).No.30908 of 2014
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for loan availed by the 2nd respondent.
In the light of the above judgment of the Division Bench of this Court, the writ petition is dismissed. No costs.
A.MUHAMED MUSTAQUE, JUDGE jm/