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Divya Mekkileri

High Court Of Kerala|25 November, 2014
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JUDGMENT / ORDER

The petitioner is the wife of one Haneesh, who is no more. The petitioner's husband stood as a guarantor to a loan availed by the third respondent. 2. The petitioner's contention is that, the requisition to deduct the D.C.R.G of the petitioner's husband for satisfaction of loan due from the third respondent is without any agreement to that effect under Section 37.
3. In such circumstances, the petitioner shall approach the first respondent with a certified copy of this judgment and the first respondent after issuing notice to the second respondent, shall look into whether there is any agreement to deduct D.C.R.G. If, there is any dispute with respect to the same, the issue shall be referred under Section 69 of the Kerala Co-operative Societies Act, 1969, to an Arbitrator appointed to consider the W.P.(C) No. 19115 of 2014 (L) 2 said dispute. The second respondent shall produce the agreement before the Joint Registrar to decide on this. In the meanwhile, disbursement as per Ext.P4, if not already effected, shall be effected to the petitioner.
The writ petition is disposed of.
AMV/25/11/ Sd/-
K.VINOD CHANDRAN, JUDGE
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Title

Divya Mekkileri

Court

High Court Of Kerala

JudgmentDate
25 November, 2014
Judges
  • K Vinod Chandran
Advocates
  • M Ramesh Chander
  • Sri Aneesh Joseph