Femi Francis vs 1. Indian Bank
2022 Latest Caselaw 8801 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
        THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                        WP(C) NO. 6627 OF 2022
PETITIONER:

            FEMI FRANCIS
            AGED 29 YEARS
            PUDUPARAMBIL HOUSE, PUDUKKAD P.O, PARUPPAKARA,
            NANDIKARA, THRISSUR DISTRICT., PIN - 680301

            BY ADVS.
            JACOB SEBASTIAN
            K.V.WINSTON
            ANU JACOB


RESPONDENTS:

    1       INDIAN BANK
            ZONAL OFFICE, GROUND FLOOR, WEST NADAKKAVU, KOZHIKODE
            DISTRICT, PIN-673011, REPRESENTED BY ITS AUTHORISED
            OFFICER., PIN - 673011

    2       THE BRANCH MANAGER, INDIAN BANK
            VADAKKENCHERRY BRANCH, SARA COMPLEX, MAIN ROAD,
            OPPOSITE PANCHAYATH BUS STAND, VADAKKENCHERRY P.O,
            PALAKKAD DISTRICT., PIN - 678683

    3       KUNJAMMA ABRAHAM
            KEERIKATTE HOUSE, VADAKKENCHERRY P.O, PALAKKAD
            DISTRICT., PIN - 678683

            BY ADVS.
            SRI.S.EASWARAN, SC, INDIAN BANK
            S.EASWARAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.6627/2022                           -2-

                                     JUDGMENT

When this matter is taken up for consideration today, the learned counsel for the

petitioner states that the petitioner is willing to pay entire outstanding amounting to

Rs.7,69,000/- together with any accrued interest and costs in 10 equal monthly

installments commencing from 30-07-2022. It is submitted that on closure of the loan, the

documents relating to the mortgaged property may be directed to be released to the

petitioner, who is the widow of the original borrower. It is submitted that the parties are

governed by the Indian Succession Act and no other relative of the deceased husband of

the petitioner has any right over the property. The learned standing counsel appearing for

the respondent bank submitted that on the entire loan being closed the documents can be

released to the petitioner if this court directs so. The 3 rd respondent in this writ petition is

the mother of the deceased husband of the petitioner. Despite service of notice there is no

appearance for the 3rd respondent.

2. Taking note of the aforesaid facts into consideration, this writ petition is

disposed of directing that if the petitioner remits a sum of Rs.7,69,000/- together with any

accrued interest and costs in 10 equal monthly installments commencing from 30-07-2022

the documents relating to the mortgage properties belonging to the late husband of the

petitioner shall be released to her. The first installment shall be paid on 30-07-2022 and

the subsequent installments shall be paid on or before last working day of the succeeding

month. I make it clear that I have not adjudicated any inter se dispute between the

petitioner and the 3rd respondent.

Sd/-

GOPINATH P.

JUDGE AMG

APPENDIX OF WP(C) 6627/2022

PETITIONER EXHIBITS

Exhibit-P1 A TRUE COPY OF THE DEATH CERTIFICATE DATED 04.03.2020 OF THE PETITIONER'S HUSBAND LATE VINOD PAUL.

Exhibit-P2 A TRUE COPY OF THE STATEMENT OF ACCOUNT DATED 06.12.2021 ISSUED BY THE FIRST RESPONDENT BANK.

Exhibit-P3 A TRUE COPY OF THE NOTICE DATED 17.11.2021 UNDER SECTION 13 (2) OF THE SARFAESI ACT.

Exhibit-P4 A TRUE COPY OF THE SALE NOTICE DATED 22.02.2022 ISSUED BY THE FIRST RESPONDENT.