Petitioner sought return of documents notwithstanding full payment. Court denied relief as principal claim remains pending for interest adjustment. Petition closed.
Direction for release of documents denied; original petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
WEDNESDAY, THE 10TH DAY OF APRIL 2013/20TH CHAITHRA 1935
OP (DRT).No. 1475 of 2013 (O)
PETITIONER:
MATHEW GEORGE, AGED 56 YEARS S/O. LATE K.G.GEORGE, 3A, LINK HORIZON MARINE DRIVE, COCHIN-16.
BY ADVS.SRI.S.ABHILASH
SRI.K.SIJU
SRI.PRATHEESH.P
RESPONDENT:
THE SOUTH INDIAN BANK LTD, TRIPUNITHURA BRANCH, VIKOM ROAD, EAST FORT THRIPUNITHURA, ERNAKULAM REPRESENTED BY ITS MANAGER.
BY SRI.GEORGE VARGHESE,SC,SOUTH INDIAN BANK
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 10-04-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT).No. 1475 of 2013 (O)
APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT P1- A TRUE COPY OF THE O.A.NO. 27/2011.
EXHIBIT P2- A TRUE COPY OF THE JUDGMENT IN WPC NO. 6964/2010 DATED 15-3-2010.
EXHIBIT P3- A TRUE COPY OF THE JUDGMENT IN WPC NO. 8493/2011 DATED 18-3-2011.
RESPONDENT'S EXHIBITS : NIL
//True Copy//
P. A to Judge
ab
ANTONY DOMINIC, J.
O.P.(DRT).No.1475 of 2013
------------------------------------------Dated this the 10th day of April, 2013
JUDGMENT
2
OP(DRT).1475/13
Evidently therefore, the claim of the bank is not satisfied in its entirety. At this stage, the bank cannot be expected to return the documents as sought for by the petitioner. In such circumstances, a direction for release of the documents, as sought for by the petitioner, cannot now be granted. The original petition is closed.
kkb.10/4.
1 issue framed by the court
Whether the Debt Recovery Tribunal can direct the release of documents when the disputed claim has not been fully adjudicated.
MATHEW GEORGE
THE SOUTH INDIAN BANK LTD
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
