Disposed

Reji M.Poulose v. Ms. Baby Joseph P.

Kerala HC6 Nov 2013Con.Case(C)/1240/2013

Case brief

AI extract

What is this about?

This contempt case was decided on the same day of admission. The court noted the petitioner's claim that the housing loan was cleared but found that substantial amounts remained due in housing and business loans. The court held the bank entitled to retain title deeds as security for outstanding liabilities and closed the case.

What did the court decide?

Contempt case closed; Bank held entitled to retain title deeds as security for outstanding loans.

Reji M.Poulose Vs Ms. Baby Joseph P. — Contract and Commercial Disputes | Kerala HC (2013)

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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 V.CHITAMBARESH

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WEDNESDAY, THE 6TH DAY OF NOVEMBER 2013/15TH KARTHIKA, 1935

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Con.Case(C).No. 1240 of 2013 (S) IN WP(C).22145/2013

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AGAINST THE ORDER/JUDGMENT IN WP(C) 22145/2013 of HIGH COURT OF KERALA DATED 05-09-2013

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PETITIONER/PETITIONER:

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-----------------------

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REJI M.POULOSE, AGED 39 YEARS S/O.LATE M.E POULOSE, 10-C,ASSET CITY BAY, CHATHARI THRIPPUNITHURA DESOM, THRIPPUNITHURA VILLAGE KANAYANNUR TALUK, ERNAKULAM DISTRICT

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BY ADV. SMT.M.R.REENA

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RESPONDENT/1ST RESPONDENT IN WPC:

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---------------------------------

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MS. BABY JOSEPH P. FATHER'S NAME AND AGE ARE NOT KNOWN THE SENIOR MANAGER/BRANCH MANAGER THE SOUTH INDIAN BANK LTD THRIPPUNITHURA BRANCH DOOR NO NO 638 A WARD NO XX P.B NO 17, VAIKOM ROAD, THRIPPUNITHURA ERNAKULAM DISTRICT PIN 682 301

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BY ADV. SRI.GEORGE VARGHESE,SC,SOUTH INDIAN BAN

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 06-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Con.Case(C).No. 1240 of 2013 (S) IN WP(C).22145/2013 ------------------------------------------------------

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APPENDIX

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PETITIONER'S ANNEXURES:

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ANNEXURE -A1 THE CERTIFIED COPY OF THE JUDGMENT DATED 5.9.13 IN WPC 22145/2013

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ANNEXURE -A2 THE TRUE COPY OF THE REPRESENTATION GIVEN TO THE RESPONDENT DATED 11.9.2013.

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ANNEXURE -A3 TRUE COPY OF THE REPLY LETTER RECEIVED BY THE PETITIONER DATED 28.9.2013.

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ANNEXURE -A4 THE CERTIFIFED COPY OF THE ORDER IN IA.NO.12651/2013 IN WPC 22145/13 DATED 30.9.13.

/TRUE COPY/

P.S. TO JUDGE

V.CHITAMBARESH, J.

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Cont. of Court Case No.1240 of 2013

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Dated this the 6^th day of November, 2013

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J U D G M E N T

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Paragraph 4 of the judgment dated 5.9.2013 in W.P.

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(C).No.22145/2013 reads as follows:

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“The petitioner also seeks release of a few title deeds on clearing the housing loan first. It is for the petitioner to make such a representation and for the bank to consider the same in accordance with law”.

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The petitioner asserts that she has cleared the housing

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loan and that the bank is not still releasing the title deeds.

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The bank has filed a statement in this contempt case

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and paragraph 8 thereof reads as follows:

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“As per the accounts kept with the bank an amount of Rs.19,95,459/- is due to the bank as on 28.9.2013 in the housing loan account. An amount of Rs.70,49,774/- is due as on 30.9.2013 in the business loan taken in the name M.R. Syndicate and an amount of Rs.90,65,210/- is due as on 30.9.2013 in the business loan taken in the name of Royal decor and the property sought to be released is general security for these O.D. Limits also”.

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The bank is entitled to retain the title deeds until its

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liability is fully discharged under these circumstances.

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Cont. of Court Case No.1240 of 2013

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The contempt case is hence closed.

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SD/V.CHITAMBARESH, Judge.

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cl.

Reji M.Poulose v. Ms. Baby Joseph P.

Case brief

What is this about?

What did the court decide?

Reji M.Poulose v. Ms. Baby Joseph P.

Case brief

What is this about?

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