Kerala High Court
R.V.Himamudheen vs Indian Overseas Bank on 5 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
WP(C) NO. 20271 OF 2021
PETITIONER:
R.V.HIMAMUDHEEN,
AGED 65 YEARS,
S/O. LATE. RAMJU SAIT,
RAYAMARAKKAR HOUSE,
CHAVAKKAD, THRISSUR-680 506
BY ADVS.
SRI.ZAKIR HUSSAIN
SRI.K.A.SANJEETHA
RESPONDENTS:
1 INDIAN OVERSEAS BANK,
ZAABIN COMPLEX, OPP. MUNICIPAL BUS STAND,
CHAVAKKAD, THRISSUR-680 506,
REPRESENTED BY ITS CHIEF MANAGER.
2 CHIEF MANAGER,
INDIAN OVERSEAS BANK,
ZAABIN COMPLEX, OPP. MUNICIPAL BUS STAND,
CHAVAKKAD, THRISSUR-680506
BY ADVS.
SRI.SUNIL SHANKER
SMT.VIDYA GANGADHARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.20271/2021
2
JUDGMENT
Dated this the 5th day of November, 2021
The petitioner is before this Court seeking to direct
the respondents to permit the petitioner to remit the balance
OTS amount of Rs.1,00,00,000/- (Rupees One Crore Only)
immediately and to close the loan accounts and also direct the
respondents to release the title deeds of petitioner's property
on remittance of the said amount.
2. The learned Standing Counsel representing the
respondents submitted that pursuant to the One Time
Settlement, the petitioner has remitted Rs.1,02,00,000/- and
the matter is already settled. However, to release the title
deeds deposited by way of security, the same has to be
released/obtained from the Debt Recovery Tribunal where
O.A. No.465 of 2013 and O.A. No.18 of 2015 are pending.
WP(C).No.20271/2021
The learned counsel for the petitioner would submit that the
petitioner has remitted Rs.1,72,00,000/- altogether pursuant to
OTS.
3. In such circumstances, no more orders are required
in this writ petition. However, the petitioner states that he is in
immediate requirement of title documents or atleast of a loan
clearance Certificate from the Bank and since the Debt
Recovery Tribunal is not holding its sitting these days, it is
creating difficulties for the petitioner.
Accordingly, the writ petition is disposed of directing
the respondents to take expeditious steps for getting the title
documents released from the Debt Recovery Tribunal.
Pending such proceedings, the respondents 1 and 2 may
issue a No Due Certificate/Clearance Certificate to the
petitioner in respect of the loan.
Sd/-
N. NAGARESH
JUDGE
SR
WP(C).No.20271/2021
APPENDIX OF WP(C) 20271/2021
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE REQUEST DATED
03.02.2021 SUBMITTED BY THE PETITIONER.
Exhibit P2 TRUE COPY OF THE LETTER DATED
03.02.2021 SUBMITTED BY THE PETITIONER.
Exhibit P3 TRUE COPY OF THE REPLY DATED 25.02.2021
ISSUED BY THE BANK.
Exhibit P4 TRUE COPY OF THE RECEIPTS ISSUED BY THE
BANK SHOWING THE REMITTANCE OF THE
AMOUNT OF RS. 17,50,000/-.
Exhibit P5 TRUE COPY OF THE SANCTION LETTER DATED
04.03.2021 ISSUED BY THE BANK.
Exhibit P6 TRUE COPY OF THE PASSBOOK OF THE
PETITIONER ISSUED BY THE BANK
Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED
25.08.2021 SUBMITTED BY THE PETITIONER
TO THE BANK.
