C.J.Kuriakose vs Sate Bank Of Travancore on 8 April, 2010

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Kerala High Court

C.J.Kuriakose vs Sate Bank Of Travancore on 8 April, 2010

Bench: P.R.Ramachandra Menon

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 11621 of 2010(C)


1. C.J.KURIAKOSE, VELLAPPATTU HOUSE,
                      ...  Petitioner

                        Vs



1. SATE BANK OF TRAVANCORE, REG.II,
                       ...       Respondent

2. STATE BANK OF TRAVANCORE, ZONAL OFFICE,

                For Petitioner  :SRI.A.K.HARIDAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :08/04/2010

 O R D E R
               P.R.RAMACHANDRA MENON, J.
                     ------------------------
                  W.P.(C)No. 11621 OF 2010
                     ------------------------

                Dated this the 8th day of April, 2010

                          JUDGMENT

The petitioner, who had availed the loan from the respondent bank in the year 1998 happened to be a defaulter, whereupon the bank proceeded with further steps under SARFAESI Act for recovering the due amount, which made the petitioner to approach this Court earlier by filing W.P.(C) No. 5815/2009. The said case was disposed of as per Ext.P4 judgment giving appropriate reliefs. Pursuant to Ext.P4, the petitioner deposited a sum of Rs.4,10,000/- as evident from Ext.P5 receipt. Notwithstanding this, the bank is proceeding with further steps, which is not correct or sustainable, according to the petitioner and hence under challenge in the present Writ Petition.

2. The learned Standing Counsel for the respondent bank submits on instructions that the bank is very much at liberty to realise the expenses in connection with the proceedings and it was accordingly that the steps were pursued, after giving intimation to the petitioner to satisfy the balance amount. The WPC NO. 11621/2010 -2- learned Standing Counsel further submits that as on 7/4/2010 a further sum of nearly Rs.40,000/- is still to be cleared by the petitioner, so as to wipe off the entire liability under the loan transaction.

3. In the above circumstances, the petitioner is is directed to deposit the amount due to the respondent bank within one month, on which event, the respondent shall record the satisfaction and the title deeds of the petitioner shall be returned to him forthwith, at any rate, within one week from the date of satisfying the outstanding liability.

The Writ Petition is disposed of as above.

P.R.RAMACHANDRA MENON, JUDGE.

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