Amv Inns Pvt. Ltd vs State Bank Of India Sbi
2023 Latest Caselaw 6079 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
       THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945
                    WP(C) NO. 15953 OF 2023
PETITIONER/S:

            AMV INNS PVT. LTD.
            HAVING ITS REGISTERED OFFICE AT AMV TOWERS, NH 47
            BYPASS, KUNDANNOOR, MARADU P.O., KOCHI,
            REPRESENTED BY ITS MANAGING DIRECTOR SRI. ANIL
            KUMAR SHARMA, PIN - 682304
            BY ADVS.
            B.J.JOHN PRAKASH
            P.PRAMEL
            COLIN ALEX
            AMRITHA PADMAKUMAR
            SOORAJ M.S.


RESPONDENT/S:

            STATE BANK OF INDIA SBI
            REPRESENTED BY ITS ASST. GENERAL MANAGER SARB,
            7TH FLOOR, VANKARATH TOWERS, PALARIVATTOM BYEPASS
            JUNCTION, KOCHI, PIN - 682024
            BY ADV TOM K.THOMAS


OTHER PRESENT:

            SRI.B.S.SYAMANTAK, GP


     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   09.06.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 15953 of 2023



                              P.V.KUNHIKRISHNAN, J.
                             ======================================================

                               W.P.(C) No. 15953 of 2023
                         =============================================================

                        Dated this the 9th day of June, 2023

                                           JUDGMENT

The above writ petition is filed with following prayers:

"a) Direct the Respondent Bank by issue of a writ of mandamus or any other appropriate Writ, Order or direction to release all documents more fully described in Exhibit P1, deposited by the Petitioner to secure the credit facilities granted by the Respondent Bank.

b) Direct the Respondent Bank by issue of a writ of mandamus to pay a compensation of Rs. 10,00,000/- (Rupees Ten Lakh only) to the Petitioner for illegally withholding the documents deposited by the Petitioner despite due satisfaction of the credit facilities granted by the Respondent Bank as early as in 2019.

c) Grant such other orders as are just necessary in the facts and circumstances of the case." (sic)

2. The main grievance of the petitioner is that, after

repaying the entire loan amount, the mortgaged documents of the

properties are not released.

3. When this writ petition is came up for consideration,

this Court directed the Standing Counsel appearing for the

W.P.(C). No. 15953 of 2023

respondents to get instructions. Today, the Standing Counsel

submitted that the documents will be released to the petitioner

within ten days. In the light of the same, nothing survives in this

writ petition. Recording the above submission, this writ petition

can be disposed of.

Therefore, this writ petition is disposed of directing the

respondents to release the documents submitted by the petitioner,

for securing the loan granted to the petitioner, within ten days.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 15953 of 2023

APPENDIX OF WP(C) 15953/2023

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE POSSESSION NOTICE DATED 28.06.2017 Exhibit-P2 TRUE COPY OF THE OTS OFFER DATED 26.08.2019 ISSUED BY THE RESPONDENT BANK Exhibit-P3 TRUE COPY OF THE NO DUE CERTIFICATE DATED 03.09.2020 Exhibit-P4 TRUE COPY OF THE MEMORANDUM OF SATISFACTION OF CHARGE DATED 23.12.2021 Exhibit-P5 TRUE COPY OF THE LETTER DATED 05.04.2023 ISSUED BY THE PETITIONER TO THE RESPONDENT Exhibit-P6 TRUE COPY OF THE JUDGMENT DATED 29.07.2021 IN W.A. NO. 610 OF 2021 Exhibit-P7 TRUE OF THE JUDGMENT DATED 17.03.2023 IN W.P(C) NO. 4806 OF 2023