Sunil A.G vs Mulanthuruthy Service ...
2023 Latest Caselaw 1194 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE T.R.RAVI
    WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                      WP(C) NO. 40397 OF 2022
PETITIONER:

          SUNIL A.G
          AGED 47 YEARS,
          S/O GOPINATHAN NAIR
          RUGMINI NIVAS
          EDAKKATTUVAYAL, VELIYANAD P.O,
          PEPPATHY, ERNAKULAM - 682314.

          BY ADVS.
          BLOSSOM MATHEW
          K.JOSE KURIAKOSE


RESPONDENT:

          MULANTHURUTHY SERVICE CO-OPERATIVE BANK LTD. NO. 23
          REPRESENTED BY ITS SECRETARY, MULANTHURUTHY P.O,
          ERNAKULAM- 682314.

          BY ADV SUNU P.JOHN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 40397 OF 2022

                                    2

                              T.R. RAVI, J.
              --------------------------------------------
                    W.P. (C) No.40397 of 2022
                  --------------------------------------------
             Dated this the 18th day of January, 2023

                             JUDGMENT

The prayer in this writ petition is for a direction to the

respondent to provide a detailed statement of accounts to the

petitioner in respect of the Loan No.MTL-3661/2010 and to

permit the petitioner to wipe off the liability and get release of

the Sale Deed No.2031/2010 of SRO, Piravom which has been

equitably mortgaged with the bank.

2. The counsel for the respondent on instructions

submits that the issue is already pending before the Arbitrator

and that as on today the amount outstanding is Rs.12,02,414/-

(Rupees twelve lakhs two thousand four hundred and forteen

only). The Counsel for the petitioner submits that the amount

can be paid immediately.

In the above circumstances, this writ petition is disposed

of directing the petitioner to pay the sum of Rs.12,02,414/- on

or before 23.01.2023 and on the petitioner making such

payment, the respondent shall release the documents relating WP(C) NO. 40397 OF 2022

to the immovable property which has been mortgaged with

the bank. This order is without prejudice to the rights, if any

of the petitioner to raise any challenge regarding the actual

amount that is due from the loan account. The petitioner shall

produce the legal heirship certificate regarding the heirs of

Mr.Varkey Ithak, who had availed the loan.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 40397 OF 2022

APPENDIX OF WP(C) 40397/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE CERTIFIED COPY OF SALE DEED NO.2031/2010 OF PIRAVOM SRO.

Exhibit P2 DEATH CERTIFICATE OF VARKEY ITHAK DATED 07.05.2020.

Exhibit P3 DEATH CERTIFICATE OF K.G RUGMINI AMMA DATED 15.01.2019.

Exhibit P4 TRUE COPIES OF RECEIPTS OF PAYMENT DATED 31.03.2018 AND 23.04.2018 ISSUED BY THE RESPONDENT.

Exhibit P5 TRUE COPY OF THE REPLY LETTER DATED 15.09.2022 ISSUED BY THE RESPONDENT.

Exhibit P6 TRUE COPY OF RELATIONSHIP CERTIFICATE DATED 10.09.2020 ISSUED BY THE EDAKKATTUVAYAL VILLAGE OFFICE.