The court heard a writ petition regarding the non-return of documents despite loan clearance. On admission, the court accepted submissions that the loan is cleared and documents will be returned, then closed the petition without further adjudication.
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 DAMA SESHADRI NAIDU
TUESDAY ,THE 09TH DAY OF OCTOBER 2018 / 17TH ASWINA, 1940
WP(C).No. 2853 of 2018
PETITIONER/S:
THANKACHAN P.A AGED 58 YEARS,S/O. ANTONY,PYNADATH HOUSE,PADUVAPURAM.P.O.ERNAKULAM- 683 582
BY ADVS. SRI.E.C.POULOSE SMT.BOBBY RAPHEAL.C
RESPONDENT/S:
1 BANK OF BARODA REPRESENTED BY ITS AUTHORIZED OFFICER,ANGAMALY BRANCH, IRIMPAN ARCADE,OPP. ST. JOSEPH'S SCHOOL, ALUVA ROAD,ANGAMALY, ERNAKULAM- 683 572.
2 THE BRANCH MANAGER ANGAMALY BRANCH, IRIMPAN ARCADE,OPP. ST. JOSEPH'S SCHOOL, ALUVA ROAD,ANGAMALY, ERNAKULAM- 683 572.
OTHER PRESENT:
SMT. R. REMA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C). No. 2853 of 2018
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JUDGMENT
The petitioner's grievance, as presented by his counsel, is that
despite his clearing the entire loan, the Bank does not return the documents.
The Bank's counsel, on the other hand, affirms that the petitioner has cleared the loan. She also submits that the Bank will return the documents.
Recording the said submission, I close the writ petition.
Sd/-
DAMA SESHADRI NAIDU
JUDGE
das
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE POSSESSION NOTICE DATED 29.11.2017 ISSUED BY THE RESPONDENT BANK
EXHIBIT P2
TRUE COPY OF THE REPRESENTATION DATED 23.1.2018 ADMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT
THANKACHAN P.A
BANK OF BARODA
THE BRANCH MANAGER ANGAMALY BRANCH
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
