GRACY JOHN Vs. KERALA STATE FINANCIAL ENTERPRISES LIMITED

JUDGEMENT

(1.) According to the petitioner, petitioner's husband was the surety in a chitty loan availed by the 4th respondent by mortgaging the title documents of petitioner's husband.

(2.) The 4th respondent defaulted the monthly installments and thereupon, KSFE has demanded an amount of Rs.7,03,003/- and interest at the rate of 16.5% from the petitioner and failing which, recovery action as per the provisions of the Kerala Revenue Recovery Act, 1968 is threatened.

(3.) Case projected by the petitioner is that, the KSFE is at liberty to proceed against the 4th respondent, who is the principal debtor and KSFE is not taking any steps to proceed against the 4th respondent, and therefore, the coercive action initiated by the KSFE is arbitrary and illegal, liable to be interfered with by this court under Article 226 of the Constitution of India.