Kerala High Court
Abdul Rashid @ Abdul Rasheed vs South Indian Bank Limited on 11 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 13158 OF 2024
PETITIONER:
ABDUL RASHID @ ABDUL RASHEED,
AGED 57 YEARS,
S/O. MOHAMMED KUNJU, @ HAMEED KUNJU,
BYTHUL IMRAN, PALLANA P.O.,
KARTHIKAPPALLY TALUK,
ALAPPUZHA DISTRICT, PIN - 690515.
BY ADVS.
RAJU SEBASTIAN VADAKKEKKARA
SABAD K.H.
BERTRAND BASIL
ARUN E.A
RIFSA REBAIE
RESPONDENTS:
1 SOUTH INDIAN BANK LIMITED,
REPRESENTED BY ITS MANAGING
DIRECTOR AND CHIEF EXECUTIVE OFFICER,
'SIB HOUSE', T B ROAD,
MISSION QUARTERS, THRISSUR DISTRICT,
PIN - 680001.
2 THE GENERAL MANAGER,
SOUTH INDIAN BANK LIMITED,
'SIB HOUSE', T B ROAD, MISSION QUARTERS,
THRISSUR DISTRICT, PIN - 680001.
3 THE BRANCH MANAGER,
SOUTH INDIAN BANK LIMITED
KARTHIKAPPALY BRANCH,
ST.THOMAS BUILDING, KARTHIKAPPALLY,
ALAPPUZHA DISTRICT, PIN - 690516.
4 CENTRAL BUREAU OF INVESTIGATION (CBI)
ACB, KALOOR POST OFFICE, KALOOR,
ERNAKULAM DISTRICT,
REPRESENTED BY
THE INVESTIGATING OFFICER IN RC 09/(A)/
2019/CBI/ACB/COCHIN., PIN - 682017.
WP(C) NO. 13158 OF 2024
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BY ADVS.
SUNIL SHANKAR A
VIDYA GANGADHARAN(K/000424/2020)
SRI. K.K.JOHN, FOR R1,
SRI.SREELAL N.WARRIER, SPL.PP. (CBI)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 13158 OF 2024
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JUDGMENT
The petitioner says that, even though a loan
facility availed of by him from the 1 st
respondent Bank has been fully paid off, the
latter is refusing to return to him the title
documents of the property offered as collateral
security, solely because of some inquiry which
is stated to be pending by the 4th respondent
Central Bureau of Investigation('CBI'). He
contends that this is unlawful and untenable
because there is no investigation as against
him; and hence prays that the reliefs sought for
in this Writ Petition be granted.
2. Sri.Sreelal N.Warrier - learned Special
Public Prosecutor for the 'CBI', on the other
hand, refuted the afore request of Sri.Raju
Vadakkekara - learned counsel for the
petitioner, saying that when an inquiry is going
on at the instance of his client, it cannot be
WP(C) NO. 13158 OF 2024
frustrated by taking away all the documents
which are part of the subject matter. He,
however, added that his client is willing to
concede that, if the Bank retains authenticated
copies of the title documents with them and then
returns the original to the petitioner on an
undertaking given by him that it will be
produced before his client as and when required
in future, he will not stand in the way of
appropriate orders being issued.
3. The learned Standing Counsel for the 1st
respondent Bank submitted that they will abide
by any direction to be issued by this Court.
In the afore circumstances, adverting to the
afore submissions of Sri.Sreelal N.Warrier, I
dispose of this Writ Petition with the following
directions:
(a) The 2nd respondent or such other
competent Authority of the 1st respondent, will
WP(C) NO. 13158 OF 2024
release the original Title Deeds of the property
owned by the petitioner, after maintaining a
duly authenticated copy of the same on their
files, with intimation to the 'CBI'.
(b) The petitioner will give an undertaking
before the Bank that he will produce the
original of the Title Documents, if and when
they are called up for by the 'CBI' in future;
also indemnifying them against any future
action, with respect to the same.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 13158 OF 2024
APPENDIX OF WP(C) 13158/2024
PETITIONER EXHIBITS
EXHIBIT - P1 TRUE COPY OF THE GOVERNMENT ORDER
BEARING NUMBER G.O. [MS] NO. 19/ 2019/
HOME, DATED 11.02.2019
EXHIBIT - P2 TRUE COPY OF THE ACKNOWLEDGEMENT
ISSUED TO THE PETITIONER BY THE 3RD
RESPONDENT DATED 30.08.2023
EXHIBIT - P3 TRUE COPY OF THE RECEIPT OF RS
400000/- ISSUED TO THE PETITIONER BY
THE 3RD RESPONDENT, DATED 30.08.2023.
EXHIBIT - P4 TRUE COPY OF THE REQUEST OF THE
PETITIONER DATED 01.09.2023
EXHIBIT - P5 TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO. 26546/2022, DATED 09.11.2022.
