Sr. Jyothis Vs. State of Kerala

- state financial corporation act, 1951[c.a. no. 63/1951. sections 29 & 31: [k.s. radhakrishnan, thottathil b. radhakrishnan & m.n. krishnan, jj] recovery of loan amount held, once industrial concern commits default in repayment of the loan or advance made by the financial corporation and under a liability, the right of the corporation to invoke section 29 of the act accrues and it is open to the corporation to realise the entire loan advanced to the industrial concern not only from the properties of the industrial concern but also from the properties pledged or mortgaged b y the sureties for the loan advanced by the corporation. section 29 is a complete code by itself. liability of principal-debtor and surety is always joint and co-extensive. [n. narasimhaiah v karnataka state financial corporation, air 2004 kar 46 dissented from].s. sankarasubban, j.1. these original petitions have come up before us on a reference made by koshy, j. the question that is referred to, is whether the doctors' consulting rooms, dispensaries attached to doctors' consulting rooms, nursing homes, hospitals and other institutions for treatment of the sick can be roped into the kerala shops and commercial establishments act, 1960, hereinafter referred to as the 'act'. these establishments were being exempted for a long time. in 1993, notification was issued taking away the exemption and bringing it within the act. subsequently, it is found that certain provisions of the act were exempted in their applications to the above institutions. it is in the above circumstances, the original petitions were filed. interim orders have been granted to the petitioners staying the operation and enforcement of the notifications. 2. learned counsel for the petitioners brought to our notice a notification g.o. (rt.) no. 2019/2002/lbr dt. 12th july, 2002, issued under section 5 of the kerala shops and commercial establishments act, 1960, in the public interest, exempting the above institutions. the exemption is for a period of two years. thus, from 12.7.2002 these institutions are exempted. in the wake of the above institution, as at present there is no injury or grievance for the petitioners. in the above circumstances we are not answering the questions referred to. we leave the questions to be agitated by the petitioners when occasion arises. with the above directions the o.ps. are disposed of.