Kerala High Court
Rajesh.S vs The State Of Bank Of India ... on 27 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
WP(C) NO. 35303 OF 2023
PETITIONER:
RAJESH.S
AGED 45 YEARS
S/O. SADASIVAN, SREEPADHAM, NEENDAKARA P.O. KOLLAM,
PIN - 691582
BY ADVS.
AJAYA KUMAR. G
FATHIMA MAJEED
RESPONDENTS:
1 THE STATE OF BANK OF INDIA REPRESENTED. BY CHIEF
MANAGER AND AUTHORIZED OFFICER
STRESSED ASSETS RECOVERY BRANCH, STATE BANK OF
INDIA, LMS COMPOUND, OPPOSITE MUSEUM WEST GATE,
VIKAS BHAVAN P O,THIRUVANANTHAPURAM, PIN - 695033
2 CHIEF MANAGER AND AUTHORIZED OFFICER
STRESSED ASSETS RECOVERY BRANCH, STATE BANK OF
INDIA, LMS COMPOUND, OPPOSITE MUSEUM WEST GATE,
VIKAS BHAVAN P O,THIRUVANANTHAPURAM ., PIN - 695033
3 CHIEF MANAGER
STATE BANK OF INDIA, ACPC BRANCH, RAVI'S ARCADE
KOLLAM, PIN - 691 013, PIN - 691013
SRI. JAWAHAR JOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.35303 OF 2023
2
JUDGMENT
The petitioner alleges that even though a loan liability
availed by him from the 1st respondent - Bank has already
been paid, said Bank is refusing to return the title documents
of the property, which he had equitably mortgaged with them
as security. He thus prays that Bank be directed to return the
same, within a time frame to be fixed by this Court.
2. However, Sri.Jawahar Jose - learned Standing
Counsel for the respondent - Bank, in response to the afore
submissions of the petitioner, as made by his learned counsel
- Sri.Ajaya Kumar G., submitted that, though the loan liability
in question has been settled, the Bank retains charge over the
property in respect of two other Personal Loans of the
petitioner. He submitted that the total amount outstanding in
the said two loans, as on today is Rs.4,30,868/-; and that, if
the petitioner pays the same, the title documents can be
released.
3. Sri.Ajaya Kumar .G - learned counsel for the
petitioner, submitted that his client is attempting to sell the
WP(C) NO.35303 OF 2023
property in question, so as to garner resources; and,
therefore, that he will be able to make payment of the afore
amount within three weeks. He, thus prayed that this Writ
Petition be ordered on such terms.
4. Taking note of the afore consensus between the
parties, I allow this Writ Petition with the following directions:
a) I leave liberty to the petitioner to pay the balance
outstanding in his two Personal Loan accounts, which is to the
tune of Rs.4,30,868/- as on 27.10.2023, along with all
applicable charges and interest, within a period of one month
from the date of receipt of a copy of this judgment.
b) On the afore being done, the title documents of the
property in question will be handed over to the petitioner
forthwith by the Bank, so as to enable him to deal with it in
any manner that he may be interested.
Sd/- DEVAN RAMACHANDRAN,
JUDGE
lsn
WP(C) NO.35303 OF 2023
APPENDIX OF WP(C) 35303/2023
PETITIONER EXHIBITS
Exhibit 1 TRUE COPY OF THE LOAN AGREEMENT DATED
05-09-2017 WITH RESPECT TO THE HOME
LOAN OF THE PETITIONER
Exhibit P2 TRUE COPY OF THE RECEIPT DATED 30-09-
2023 SHOWING REMITTANCE OF AN AMOUNT
OF . RS. 25,00,000/- IN THE LOAN
ACCOUNT NO. 37139925437
Exhibit P3 TRUE COPY OF THE RECEIPT DATED 30-09-
2023 SHOWING REMITTANCE OF AN AMOUNT
OF RS. 5,70,000/- IN LOAN ACCOUNT NO.
33933574299
Exhibit P4 TRUE COPY OF THE RECEIPT DATED 30-09-
2023 SHOWING REMITTANCE OF AN AMOUNT
OF RS. 1,70,000/- IN ACCOUNT NO.
37139936211
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED
11-10-2023 SUBMITTED BY THE PETITIONER
TO THE 2ND RESPONDENT
Exhibit P6 TRUE COPY OF THE RECEIPT DATED 11-10-
2023 SHOWING ISSUANCE OF EXT. P5
REPRESENTATION TO THE 2ND RESPONDENT
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN
