Kerala High Court
Vineetha vs The Federal Bank on 17 January, 2014
Author: P.R. Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
FRIDAY,THE 17TH DAY OF JANUARY 2014/27TH POUSHA, 1935
WP(C).No. 503 of 2014 (K)
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PETITIONER(S):
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VINEETHA, AGED 37 YEARS,
WIFE OF GOPAKUMAR, V/47, KUTHANUR,
PALAKKAD.
BY ADV. SRI.LEGITH T.KOTTAKKAL
RESPONDENT(S):
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1. THE FEDERAL BANK,
AROOR BRANCH, ST. AUGUSTINE'S BUILDING,
BYE PASS JUNCTION, AROOR, ALAPPUZHA DISTRICT,
PIN - 688 534.
2. M/S. MALABAR ASSOCIATES,
MP 2/217, MARADU POST, ERNAKULAM DISTRICT,
PIN - 682 304.
3. K. GOPAKUMAR,
S/O.M.D. NAIR, 3/252, KUTHANUR POST,
PALAKKAD DISTRICT,PIN - 678 721.
* 4. SMT. ANITHA VIJAYAN, (DELETED)
W/O.K.VIJAYAN, 2/217, MARADU POST,
ERNAKULAM DISTRICT, PIN - 682 304.
R4 IS DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 17/1/2014 IN
IA.NO.633/2014
R1 BY ADV. SRI.P.K.JOSEPH
R3 BY ADV. SRI.D.ANIL KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17-01-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
PJ
WP(C).No. 503 of 2014 (K)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 : COPY OF THE PETITION I.A.3569/2013 IN DRC 2465/FBI ALPY IN
O.A.74/2006 OF DEBT RECOVERY OFFICER, DRT, ERNAKULAM.
EXHIBIT P2 : COPY OF DEMAND DRAFT NO.347851 DATED 10.12.2013 FOR RS.7
LAKHS DRAWN ON PUNJAB NATIONAL BANK, KUTHANNUR,
PALAKKAD.
EXHIBIT P2(A) : COPY OF DEMAND DRAFT NO. 34785 DATED 11.12.2013 FOR RS. 6
LAKHS DRAWN ON PUNJAB NATIONAL BANK, KUTHANNUR,
PALAKKAD
EXHIBIT P2(B) : COPY OF DEMAND DRAFT NO. 45 6322 DATED 12.12.20113 DRAWN ON
FEDERAL BANK LTD. AROOR
RESPONDENT(S)' EXHIBITS
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NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
P.R. RAMACHANDRA MENON J.
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W.P.(C) No. 503 of 2014
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Dated, this the 17th day of January, 2014
JUDGMENT
The petitioner has approached this Court with the following prayers :
(i) To issue a writ of mandamus or such other writ directing the 1st respondent bank to return all the mortgage documents and deeds to the petitioner upon receipt of demand drafts [Ext. P2, P2(a) and P2(b] from the petitioner;
(ii) Such other order or direction as this Hon'ble Court may be pleased to issue or pass in the interest of justice;
2. The learned counsel for the petitioner submits that the 3rd respondent herein had availed some financial assistance from the first respondent Bank and in the course of steps taken by the Bank, a 'charge decree' came to be passed enabling the Bank to realize the due amount from the parties concerned. The case of the petitioner is that the petitioner made Ext. P1 petition before the Recovery Officer, DRT, Ernakulam, whereby the petitioner expressed willingness to satisfy the entire due to the Bank, subject W.P.(C) No. 503 of 2014 : 2 : to return of the documents/title deeds; which is not properly acted upon.
3. The learned counsel for the petitioner submits that the third respondent has no objection at all in pursuing such course, but the Bank raised objection before the Recovery Officer that the documents could be returned only to respondent No.3.
4. Pursuant to the notice on admission ordered, respondent No.3 has entered appearance and filed an affidavit, making it clear point blank that the said respondent does not have any objection at all, in clearing entire dues payable to the Bank by the petitioner and in returning the title deeds to the petitioner. The learned counsel appearing for the Bank submits that, some more amount is still due from the defaulter and that in view of the turn of events, including the affidavit filed from the part of the respondent No.3, the Bank does not have any objection in returning the title deeds to the petitioner, subject to satisfaction of the balance amount.
5. The learned counsel for the petitioner submits that the petitioner is ready to clear entire outstanding liability and other W.P.(C) No. 503 of 2014 : 3 : incidental charges, if any, immediately on demand raised by the first respondent Bank.
5. In the said circumstances, the writ petition is disposed of, directing the first respondent to intimate the petitioner as to the balance amount to be cleared if any, in respect of the mortgage created by the 3rd respondent, so as to have the documents returned, within 10 days from the date of receipt of a copy of this judgment, upon which, the due amount shall be cleared by the petitioner. On satisfaction of due amount, the documents now in the custody of the Recovery Officer, shall be released to the petitioner and necessary endorsement shall be effected by the petitioner and the 3rd respondent as to the receipt of the documents in the registers concerned.
Petitioner shall produce a copy of this judgment along with copy of this writ petition before the concerned respondent for further steps.
Sd/-
P. R. RAMACHANDRA MENON, (JUDGE) kmd