Disposed

Asa K.S. v. the Manager, the Ernakulam District Co-Operative Bank Ltd.

Kerala HC12 Dec 2018WP(C)/11700/2018

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking directive to the bank to issue a certificate regarding document availability and property status in loan security. Court found the interim order directing issuance of said certificate had already been complied with and disposed of the petition accordingly.

What did the court decide?

None. The court noted compliance with the interim order and disposed of the petition.

Asa K.S. Vs the Manager, the Ernakulam District… — Banking and Recovery | Kerala HC (2018)

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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 ANIL K.NARENDRAN

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WEDNESDAY, THE 12TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

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WP(C).No. 11700 of 2018

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PETITIONER:

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ASA K.S., CHENTHARA HOUSE, PALLIPADY, PEZHAKKAPPILLY P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN- 686673

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BY ADV. SRI.N.KRISHNA PRASAD

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RESPONDENTS:

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1. THE MANAGER, THE ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD. PEZHAKKAPPILLY BRANCH, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN- 686673

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2. THE REGIONAL MANAGER/AUTHORISED OFFICER, THE ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD., HEAD OFFICE, KAKKANAD, ERNAKULAM – 682 030.

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3. ADDL.R3 GEMINI A.K., AGED 40 YEARS, S/O.KRISHNAN, RESIDING AT AIRAMALAPUTHENPURA HOUSE, PEZHAKKAPILLY (PO), MUVATTUPUZHA – 686 673. ADDL.R3 IMPLEADED AS PER ORDER IN IA 7257/18.

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BY ADVS. N.RAGHURAJ SRI.N.ANAND

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 11700 OF 2018

JUDGMENT

The petitioner has filed this writ petition under Article 226 of

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the Constitution of India, seeking the following reliefs;

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i) Issue a writ of mandamus directing the 1^st respondent to issue a certificate in writing that the original of the Document No.2935/1991 is available with 1^st respondent Bank and further that the extent of property owned by the petitioner namely 15 cents (6.07 Ares) covered by Sale Deed No.1084/2017 does not form a part of the security offered by Sri.Gemini A.K., son of Krishnan in connection with the loan availed by him.

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ii) To direct the first respondent to issue an attested copy of the prior Document No.2935/1991 as expeditiously as possible and at any rate within a time frame to be fixed by this Honourable Court.

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iii) To issue a certiorari calling for the records leading up to the issuance of Ext.P8, examine its legality and propriety and quash the same.

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On 12.04.2018, when this writ petition came up for consideration, this Court passed the following order;

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“Heard learned counsel for the petitioner and learned Standing Counsel appearing for the respondent society.

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Having considered the contentions urged on either side, There will be an interim direction to the first

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WPC 11700 OF 2018 3

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respondent to issue a certificate to the effect that the original of document No.2935/91 which is the prior deed in respect of the property purchased by the petitioner is available with the bank. The petitioner shall serve a copy of the writ petition along with the documents with regard to the property before the society for compliance.”

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By order dated 03.12.2018 in I.A.No.7257 of 2018, one Mr.Gemini A.K. was impleaded as additional 3^rd respondent

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Heard the learned counsel for the petitioner, the learned Standing Counsel for Ernakulam District Co-operative Bank, representing respondents 1 and 2, and also the learned counsel for the additional 3^rd respondent.

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During the course of arguments, the learned counsel on both sides would submit that in terms of the interim order dated 12.04.2018, the petitioner has already been issued with a certificate to the effect that the original of document No.2935/91, which is the prior deed in respect of the property purchased by the petitioner, is available with the 1^st respondent Bank.

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In such circumstances, this writ petition is disposed of taking note of the fact that, in terms of the interim order dated

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WPC 11700 OF 2018 4

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12.04.2018, the petitioner has already been issued with the

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certificate as sought for in this writ petition.

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Sd/-

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ANIL K. NARENDRAN JUDGE

WPC 11700 OF 2018

APPENDIX

PETITIONER'S EXHIBITS:

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EXT.P1	TRUE COPY OF THE SALE DEED NO.1084/2017 OF MUVATTUPUZHA SUB REGISTRY
EXT.P2	TRUE COPY OF THE SALE DEED NO.4494/2006 OF MUVATTUPUZHA SUB REGISTRY
EXT.P3	TRUE COPY OF THE RELEASE DEED OF GEHAN NO.872/2017 DATED 24.03.2017
EXT.P3(A)	TRUE COPY OF THE RELEASE DEED OF GEHAN NO.874/2017 DATED 24.03.2017
EXT.P4	TRUE COPY OF THE RELEASE DEED OF GEHAN NO.873/2017 DATED 2403.2017
EXT.P5	TRUE COPY OF THE REGISTERED LETTER OF THE PETITIONER TO THE 1ST RESPONDENT DATED 26.02.2018 ALONG WITH NO OBJECTION OF SRI.GEMINI A.K.
EXT.P6	TRUE COPY OF THE REGISTERED LEGAL NOTICE DATED 01.03.2018
EXT.P7	TRUE COPY OF THE REPLY OF THE PETITIONER TO THE 1ST RESPONDENT DATED 16.03.2018
EXT.P8	TRUE COPY OF THE COMMUNICATION OF THE 1ST RESPONDENT TO THE PETITIONER

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RESPONDENTS' EXHIBITS:NIL

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TRUE COPY

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P.A. TO JUDGE

Asa K.S. v. the Manager, the Ernakulam District Co-Operative Bank Ltd.

Case brief

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Asa K.S. v. the Manager, the Ernakulam District Co-Operative Bank Ltd.

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