Mary Kurien vs Federal Bank Ltd
2024 Latest Caselaw 16030 Ker

Kerala High Court

Mary Kurien vs Federal Bank Ltd on 7 June, 2024

Author: P Gopinath

Bench: P Gopinath

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
           THE HONOURABLE MR. JUSTICE GOPINATH P.
   FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
                    WP(C) NO. 14150 OF 2024
PETITIONER:

          MARY KURIEN
          AGED 70 YEARS, W/O. KURIEN E,
          TC 1/1004, OPPOSITE TO TRIDA, VAZHUTHACAUD,
          SASTHAMANGALAM, THIRUVANANTHAPURAM,
          PIN - 695 010.
          BY ADV V.A.VINOD


RESPONDENTS:

    1     FEDERAL BANK LTD
          REPRESENTED BY ITS BRANCH MANAGER,
          NANTHENCODE BRANCH, THIRUVANANTHAPURAM,
          PIN - 695 013.

    2     HDFC BANK LTD
          REPRESENTED BY ITS BRANCH MANAGER,
          EAST FORT BRANCH, 1ST FLOOR, KARIMPANAL ARCADE,
          EAST FORT, THIRUVANANTHAPURAM, PIN - 695 023.


          BY ADVS.
               MOHAN JACOB GEORGE
               LEO GEORGE



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.14150/2024
                                    -:2:-




                            JUDGMENT

The petitioner has filed this writ petition complaining

that certain fixed deposits maintained by the petitioner with

the 1st respondent-Bank are not being released to him.

2. Sri. Mohan Jacob George, the learned Standing

Counsel appearing for the 1st respondent would submit that

all except one fixed deposit have already been released to

the petitioner. It is submitted that the fixed deposit,

remaining to be released, is the one that was offered as

security in a litigation between the 2 nd respondent-Bank and

the petitioner initiated by the 2 nd respondent Bank for the

recovery of money. It is submitted that if the 2 nd respondent

-Bank has no objection, the 1st respondent will immediately

release the amount in fixed deposit.

3. The learned counsel appearing for the 2 nd

respondent-Bank would submit that though the suit filed by

the 2nd respondent was decreed in its favour, this Court in

RFA No.17 of 2007, set aside the decree to the extent that it

allowed realisation of money from the petitioner and

presently the proceedings have become final. It is also

submitted that the 2nd respondent Bank has not taken any

step to challenge the judgment and decree of this Court in

RFA No.17 of 2007.

Having heard the learned counsel for the petitioner,

the learned Standing Counsel for the 1st respondent and the

learned counsel for the 2nd respondent, this writ petition

will stand disposed of directing the 1 st respondent -Bank to

release the fixed deposit maintained by the petitioner in

respect of which Ext.P1 certificate has been issued, without

any further delay and at any rate within a period of two

weeks from the date of receipt of a certified copy of this

judgment.

Sd/-

GOPINATH P. JUDGE ats

APPENDIX OF WP(C) 14150/2024

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE CASH CERTIFICATE ISSUED BY THE 1ST RESPONDENT BANK DATED 31.10.2000

Exhibit P2 TRUE COPY OF THE JUDGMENT IN OS NO. 372/1999 DATED 29.06.2006 OF THE HON'BLE PRINCIPLE SUB COURT, THIRUVANANTHAPURAM.

Exhibit P3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE RESPONDENT BANK DATED 03.11.2000

Exhibit P4 TRUE COPY OF THE JUDGMENT IN RFA NO. 17/2007 DATED 09.06.2023

Exhibit P5 TRUE COPY OF THE DECREE IN RFA NO. 17/2007 DATED 09.06.2023

Exhibit P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 06.02.2024

Exhibit P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 20.02.2024

Exhibit P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 01.03.2024