The above writ petition is filed by a guarantor to the loan availed off by a Chittal, the latter of whom expired. The guarantor claimed that there are amounts due as per the terminal benefits payable to the Chittal and hence that has to be first adjusted before recovering amounts from his salary. Read order dated 03.04.2007 in the writ petition.
“Heard. The petitioner being one of the sureties, I find no justification to continue the interim order. Recovery may be made against his salary, subject to Section 60 of the CPC read with Section 80 of the RR Act. But, after satisfying the claim of Union Bank of India and K.S.F.E, from the available terminal benefits of late Mruthunjayan, if there is any balance, the same shall be released to the petitioner, to WPC.21917/2006 : 2 :
the extent recovery has been made from his salary.”
In view of the above interim order, nothing survives in the writ petition, hence, stands closed.
Sd/-
(K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge