The petitioner challenges the proceedings initiated for recovery of the amounts due in a loan account availed by her deceased husband from the 1st respondent Bank. The 1st respondent has proceeded with the recovery on the ground that the petitioner has obtained an employment under the 'dying-in-harness' Scheme.
2. The issue is squarely covered against the respondent Society by a decision reported in Anish P.K. v. Special Deputy Tahsildar and Others (2012 (1) KHC 295). Hence, no proceedings for recovery of salary under Section 37 of the Kerala Co-operative Societies Act, 1969 (for short 'the Act'), can be proceeded against the petitioner, especially since the petitioner has not stood as surety or executed WP(C).11017/10 & 20044/07 2 an agreement under Section 37 of the Act.
3. The petitioner in W.P.(C).20044 of 2007, stood as a surety to a loan availed by one Rajeshkumar, who is the deceased husband of the petitioner in W.P.(C).11017/10, and challenges the recovery against his salary on the ground that the wife of the original borrower had obtained an employment under the 'dying-in- harness' Scheme and also claims the benefit under Section 60 of the Civil Procedure Code. With respect to the claim against the wife, this Court has held it to be unsustainable. Sasidharan Nair v. Trivandrum Co-operative Urban Bank Limited (2009 (2) KLT 280), held that Section 60 would not be applicable to proceeding under Section 37 of the Act. Hence, the respondent Society would be entitled to proceed against the sureties in the loan account and also the property left behind by the deceased original borrower.
WP(C).11017/10 & 20044/07 3 W.P.(C).11017 of 2010 filed by the wife of the deceased would stand allowed interdicting the recovery proceeded under Section 37 against the wife of the deceased. W.P.(C).20044 of 2007 filed by the surety would stand dismissed reserving the liberty of the surety to proceed against the deceased original borrower's property for recovery of the amounts satisfied by the surety.
Sd/-
K.VINOD CHANDRAN
Judge
Mrcs //True Copy//