Kerala High Court
Unnikrishnan vs Housing Development Finance ... on 15 June, 2021
W.P.(C)NO.10070 OF 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 15TH DAY OF JUNE 2021 / 25TH JYAISHTA, 1943
WP(C) NO. 10070 OF 2021
PETITIONER:
1 UNNIKRISHNAN,
AGED 44 YEARS
S/O. VALSALAN, KRISHNAKRIPA, CHEMBUMUKKU,
CHERUMUTTAPUZHA, KAKKANAD, ERNAKULAM DISTRICT.
BY ADVS.
K.SUJAI SATHIAN
SMT.ASHA MARIAM MATHEWS
RESPONDENTS:
1 HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED
REP. BY ITS SENIOR MANAGER, P. B. NO.1667, RAVIPURAM
JUNCTION, M. G. ROAD, KOCHI - 682 015.
2 THE BRANCH MANAGER
HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED,
GROUND FLOOR, VISMAYA BUILDING, INFOPARK, KUSUMAGIRI
P. O., KAKKANAD, KOCHI - 682 030.
3 STATE OF KERALA
REP. BY ITS SECRETARY TO THE GOVERNMENT, HOME
DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
4 STATION HOUSE OFFICER
PALARIVATTOM POLICE STATION, (CRIME NO.926/2011),
PALARIVATTOM P. O., ERNAKULAM - 682 015.
BY ADVS.
SRI.K.K.CHANDRAN PILLAI (SR.)
SMT.S.AMBILY
OTHER PRESENT:
GP SMT. B.VINITHA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)NO.10070 OF 2021
2
JUDGMENT
Dated this the 15th day of June 2021
The petitioner had availed two housing loans
from the first respondent Housing Development
Finance Corporation Limited. The loans were availed
for purchasing an apartment building, which was to
be constructed by a company by name M/s. Apple A
Day Properties Private Limited. The company failed
to complete the construction as promised. Aggrieved,
petitioner lodged a complaint alleging commission of
offences under Sections 406 and 420 read with
Section 34 of Indian Penal Code. Thereupon, a crime
was registered and on submission of final report by
the Police, cognizance was taken and the case
numbered as C.C.No.1280/2016 on the files of the
Judicial First Class Magistrate Court-IX, Ernakulam.
2. Later, the dispute was resolved and a
compounding application filed under Section 320 of
Cr.P.C. The learned Magistrate allowed the prayer for
W.P.(C)NO.10070 OF 2021
compounding and acquitted the accused. The original
of Ext.P1 sale deed, executed by the Director of
M/s. Apple A Day Properties Private Limited, had
been entrusted with the first respondent at the time
of availing the loan. Even after closing the loan
account by paying the outstanding amount, the
original sale deed is retained by the Bank. The prayer
in this writ petition is to direct the first respondent to
return the original of Ext.P1 sale deed.
3. Learned Standing Counsel for the first
respondent submits that the original sale deed was
retained by the Bank considering the pendency of
the criminal case, since the first respondent had
been asked by the Police to produce the document as
and when required by the court. Now that the
criminal case has been disposed of, the Bank is
willing to return the original document to the
petitioner.
Accordingly, the writ petition is disposed of,
directing the first respondent to return the original of
W.P.(C)NO.10070 OF 2021
Ext.P1 sale deed to the petitioner within two weeks
of the petitioner producing a certified copy of the
judgment evidencing disposal of C.C.No.1280/2016
by the Judicial First Class Magistrate-IX, Ernakulam.
Sd/-
V.G.ARUN
JUDGE
NB/15.06.21
W.P.(C)NO.10070 OF 2021
APPENDIX OF WP(C) 10070/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE SALE DEED BEARING
NO.2317/2006 OF SRO, THRIKKAKARA DATED
10.07.2006.
EXHIBIT P2 A TRUE COPY OF THE COMPROMISE PETITION
FILED BY THE PETITIONER AND ANOTHER BEFORE
THE HON'BLE JFMC-IX, ERNAKULAM IN
C.C.NO.1280/2016 DATED 13.11.2019.
EXHIBIT P3 A TRUE COPY OF THE COMMUNICATION DATED
27.08.2019 ISSUED BY THE 2ND RESPONDENT TO
THE PETITIONER.
EXHIBIT P4 A TRUE COPY OF THE COMMUNICATION ISSUED BY
THE 1ST RESPONDENT DATED 03.09.2019.
RESPONDENT'S EXHIBITS: NIL
TRUE COPY
P.A. TO JUDGE
