Dismissed

Rema v. Oriental Bank of Commerce

Kerala HC27 Jul 2012RP/418/2012

Case brief

AI extract

What is this about?

Review of a writ judgment regarding release of title deeds. The petitioners contested liability for a term loan secured by a third party while the mortgaged property was also charged for it. The court dismissed the review, stating the Bank's contractual right to proceed against the charged property cannot be deprived.

What did the court decide?

Petitioner's request to be spared liability for the term loan was rejected.

Rema Vs Oriental Bank of Commerce — Banking and Recovery | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE ANTONY DOMINIC

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FRIDAY, THE 27TH DAY OF JULY 2012/5TH SRAVANA 1934

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RP.No. 418 of 2012 () IN WPC/29609/2011

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AGAINST THE JUDGMENT IN WPC.29609/2011 DATED 05-03-2012

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REVIEW PETITIONER(S)/PETITIONER:

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REMA

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W/O. KOTTARATHIL SUNDERASAN AND D/O. RAJAPPAN PILLA CHIRAYIPARAMBIL HOUSE, ANCHERI DESOM, OLLUR VILLAGE THRISSUR - 680 006.

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BY ADV. SRI.DILIP J. AKKARA

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RESPONDENT(S)/RESPONDENTS:

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ORIENTAL BANK OF COMMERCE NARAYANA COMPLEX, NEAR METROPOLITAN HOSPITAL VELIYANNUR ROAD, KOKKALAI, THRISSUR - 680 021.

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K.U. SALIM

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S/O. KALLARACKAL USEPH, 15/89 KOORKANECHERY DESOM VILLAGE, THRISSUR - 680 007.

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VINUNATH

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S/O. KOTTARATHIL SUNDARESAN, CHIRAYIPARAMBIL HOUSE ANCHERI DESOM, OLLUR VILLAGE, THRISSUR - 680006.

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BY SRI.K.P.SUJESHKUMAR

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 27-072012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ANTONY DOMINIC, J

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R.P.418/2012 in W.P.(C).29609/2011

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.............................................. Dated this the 27^th day of July, 2012

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ORDER

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Petitioner and her son purchased 4 cents of property belonging to the second respondent. The second respondent had availed of a home loan from the respondent Bank mortgaging this property. The petitioner offered to discharge the liability, but the Bank refused the petitioner's offer and to release the title deed on the ground that the property was also charged for a term loan availed of by the wife of the second respondent. It was there upon, that the petitioner filed this writ petition. The writ petition was disposed of by judgment dated 5.3.2012 clarifying that the petitioner can discharge the liability and on that basis, seek release of the title deeds.

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2. In this Review Petition what is contended by the

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petitioner is mainly that the term loan is secured by a guarantee furnished by a third party and that since it is open to the Bank to proceed against the assets of that third party, petitioner should not be saddled with the

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R.P.418/12

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liability to discharge the term loan also.

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Having heard the learned counsel for the petitioner and the leaned counsel for the Bank, I feel that the request of the petitioner cannot be granted for the reason that the property in question is charged for the term loan liability also. If the property is so charged for a liability, it is always open to the Bank to proceed against that property and that this Court cannot deprive the Bank of that contractual right that it has. Therefore, the judgment does not suffer from any infirmity calling for any interference.

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Be that as it may, it is clarified that the judgment or this order in the Review Petition will not prevent the petitioner from seeking reliefs against the second respondent, in appropriate proceedings.

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R.P is dismissed

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Sd/- ANTONY DOMINIC, JUDGE

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mrcs

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/true copy/ PA To Judge

Rema v. Oriental Bank of Commerce

Case brief

What is this about?

What did the court decide?

Rema v. Oriental Bank of Commerce

Case brief

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What did the court decide?

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