The petitioner is a guarantor to a loan availed by the 3rd respondent from the 1st respondent Bank. The petitioner challenges the recovery proceedings attempted by deduction from the salary of the petitioner, on the ground that the same is hit by limitation. The loan was availed in the year 1999. Now after the lapse of almost 5 years, the 1st respondent has issued a notice to the 2nd respondent seeking attachment from the salary of the petitioner, evidenced at Ext.P1, without indicating any date. 2. The leaned Counsel for the respondent Bank in its counter affidavit submits that, the petitioner has specifically agreed to the recovery of the amounts due towards the loan account of the 3rd respondent; from her salary. It is trite that the liability of the surety is co-extensive and joint and W.P.(C) No.4428 of 2010 - C 2 several with that of the original borrower.
3. With respect to the question of limitation, two Division Benches of this Court has in Thilakan v. Mankai Coir Vyavasaya Co-operative Society Ltd. [1978 KLT 256] and Kavi Rajan v.Co-operative Tribunal [1989 (2) KLT 895] held that limitation is not applicable to the proceedings under the Co-operative Societies Act (Kerala) 1969.
In view of the aforesaid decisions, the writ petition would stand dismissed.
Sd/-
K. VINOD CHANDRAN, JUDGE SB // true copy // P.A To Judge.