Kerala High Court
Sujitha Sucheendran vs Recovery Officer on 19 January, 2026
WP(C) No. 44295 OF 2025 2026:KER:4370
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
MONDAY, THE 19TH DAY OF JANUARY 2026 / 29TH POUSHA, 1947
WP(C) NO. 44295 OF 2025
Petitioner:
SUJITHA SUCHEENDRAN
AGED 41 YEARS
W/O SUCHEENDRAN,SAROJ BHAVAN, VYTTILA, ERNAKULAM,
PIN - 682019
BY ADVS.
SHRI.P.A.AJITH KUMAR
SMT.K.MEKHA DINESH
RespondentS:
1 RECOVERY OFFICER
FEDERAL Bank LTD.,FEDERAL TOWER, ALUVA,
ERNAKULAM-, PIN - 683101
2 AUTHORISED OFFICER
LCRD, FEDERAL Bank,PUNE DIVISION , KARVE NAGAR,
WARJE, PUNE-, PIN - 411052
3 THE BRANCH MANAGER
FEDERAL Bank LTD.,CHINCHWAD BRANCH, PUNE -,
PIN - 411019
4 SUCHEENDRAN.K.C
S/O CHANDRASEKHARAN RH A9, GOLDEN ORCHID SOCIETY
PLOT.NO. 136 , SECTOR 11 , CHIKHALI , PUNE -,
PIN - 411019
WP(C) No. 44295 OF 2025 2026:KER:4370
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BY ADVS.
SHRI.P.PAULOCHAN ANTONY
SHRI. G.VISWANATHAN
SHRI .MOHAN JACOB GEORGE, SC
SHRI.SREEJITH K.
THIS Writ Petition (CIVIL) HAVING COME UP FOR
ADMISSION ON 19.01.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No. 44295 OF 2025 2026:KER:4370
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JUDGMENT
Dated this the 19th day of January, 2026
1. The Petitioner has filed this Writ Petition seeking direction to the Respondent/Bank to disburse the whole amount with interest deposited in the joint accounts of the Petitioner and the Respondent No.4 and furnish the details of the account.
2. The contention of the Petitioner is that the Respondent No.4 is the husband of the Petitioner and the parties have been residing separately on account of matrimonial issues, and matrimonial proceedings are pending before the Family Court. The Petitioner and the Respondent No.4 had obtained a loan from the Respondent No.3/Bank as co-obligants mortgaging the property of the Petitioner. The Bank sold the property and there is excess surplus amount after adjusting the dues to the Bank and the said amount is deposited in WP(C) No. 44295 OF 2025 2026:KER:4370 4 the joint accounts of the Petitioner and the Respondent No.4 by the Bank. The property exclusively belonged to the Petitioner, which was mortgaged with the Respondent No.3/Bank. When the said property is sold and there is surplus amount after adjusting the dues of the Bank, the Petitioner alone is entitled to get the surplus amount.
3. The learned Standing Counsel for the Respondent No.3 submitted that it is clear from Ext.P-3 that the Respondent No.4 has already instituted a suit as Special Leave Suit No.1002/2022 before the Court of Civil Judge, Senior Division, Pune, seeking payment of the surplus of the sale consideration on the ground that he has paid the instalments to the Bank and the Bank is also a party to the suit and the Court is yet to give a direction in this matter. The Bank is awaiting orders from the Civil Court for the disbursement of the amount.
WP(C) No. 44295 OF 2025 2026:KER:4370 5
4. Though notice was issued to the Respondent No.4, he has not chosen to appear before this Court and contest the Writ Petition. Ext.P-3 is dated 16.02.2024. The learned Standing Counsel for the Respondent No.3 submitted that, to the information of the Bank, the Civil Court has not passed any Order. When the property belonging to the Petitioner is sold, and when there is a surplus amount, in the absence of any interdictory Order from any Court, the Respondent No.3/Bank is bound to release the said amount to the Petitioner. There is nothing on record to show any Order issued by any Court or Authority interdicting payment by the Bank to the Petitioner.
5. In such circumstances, I allow this Writ Petition directing the Respondent No.3/Bank to release the surplus amount on the sale of the property belonging to the Petitioner which was mortgaged with the Bank, to the Petitioner within a period of two months from the WP(C) No. 44295 OF 2025 2026:KER:4370 6 date of receipt of a copy of the judgment in the absence of any Order passed by any Court or Authority preventing the same, received by the Bank.
Sd/-
M.A.ABDUL HAKHIM JUDGE ANB WP(C) No. 44295 OF 2025 2026:KER:4370 7 APPENDIX OF WP(C) NO. 44295 OF 2025 Petitioner EXHIBITS Exhibit P-1 . A TRUE COPY OF THE LETTER ISSUED BY THE Petitioner TO THE THIRD Respondent DATED 31-12-2021 Exhibit P-2 A TRUE COPY OF THE LETTER ISSUED BY THE Petitioner ON 8-2-2024 BY REGISTERED POST TO THE Respondent Bank Exhibit P-3 A TRUE COPY OF THE REPLY LETTER DATED 8-2-2024 ISSUED BY THE AUTHORISED SIGNATORY OF THE PUNE DIVISION OF THE Bank