BALAKRISHNAN Vs. DISTRICT COLLECTOR, PALAKKAD

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking the following reliefs:

(2.) Material facts for the disposal of the writ petition are as follows; petitioners are farmers and they along with respondents 6 and 7 formed a group of farmers viz., 'Aiswarya', evident from Ext.P1. Sanction of fund by NABARD for agriculturalists as agricultural loan through the 5th respondent bank was extended to the petitioners and respondents 6 and 7 and a sum of Rs.3,00,000/- was sanctioned by the 5th respondent bank for agricultural purposes to cultivate banana in the year, 2014.

(3.) I have considered the rival submissions made across the Bar and perused the pleadings and documents on record. In my considered view, the question raised by the petitioners in this writ petition is taken care of as per the provisions of the Indian Contract Act and whenever there is joint liability created, the bank is at liberty to proceed against any of the parties or all of them together. Here is the case, the bank has submitted that, the bank has proceeded against all of them and the intention of the bank is to recover the amounts due to the bank from either of the parties.