The petitioner sought release of title deeds and damages for their withholding regarding a loan. The court held the petition not maintainable as civil remedies are appropriate, applying a Full Bench decision.
Petition dismissed as not maintainable. No other relief granted.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY, THE 13TH DAY OF NOVEMBER 2015/22ND KARTHIKA, 1937
WP(C).No. 3380 of 2008 (B)
PETITIONER :
M/S.EMVEE TOURIST HOME, NEYYATTINKARA, TRIVANDRUM DISTRICT, REP. BY ITS MANAGING PARTNER DR.V.JAYAKUMAR.
BY ADV. SRI.G.S.REGHUNATH
RESPONDENT(S) :
1. INDIAN BANK,
P.B.NO.1384, 66 RAJAJI SALAI CHENAI - 600 001, TAMILNADU,
REP. BY ITS CHAIRMAN.
2. THE MANAGER, INDIAN BANK, KARUMKULAM BRANCH, NEYYATTINKARA
REP. BY ITS MANAGER.
3. THE BANKING OMBUDSMAN, OFFICE OF THE BANKING OMBUDSMAN, RESERVE BANK OF INDIA BUILDING TRIVANDRUM - 695 033.
R1 & R2 BY ADV. SRI.S.SREEKUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
**A.M.SHAFFIQUE, J * * * * * * * * * * * *** W.P.C.No.3380 of 2008
Dated this the 13th day of November 2015
J U D G M E N T
This writ petition is filed seeking to release the title deeds produced as Exts.A5 to A15 in O.S.No.6 of 1980 and to pay damages to the petitioner for illegally withholding the said documents for the loan availed in O.S.No.8 of 1980.
(sd/-)
jsr
2
3
4
1 issue framed by the court
Whether the writ petition seeking release of title deeds withheld for loan is maintainable in this court.
Colour shows how this judgement treated each authority
John v. LiquidatorApplied¶24
John v. Liquidator [2006(1) KLT 11 (F.B.)]
M/S. Emvee Tourist Home
The Manager, Indian Bank, Karumkulam Branch, Neyyattinkara
The Banking Ombudsman
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
