Allowed

V J Babu., v. Union Bank of India

Kerala HC10 Oct 2019WP(C)/5333/2019

Case brief

AI extract

What is this about?

In this writ petition, the petitioner, a guarantor who mortgaged property for a loan, sought directions to release title deeds after the borrowers liquidated the liability. The Court held that the bank must release the deeds forthwith if the mortgage liability is fully discharged.

What did the court decide?

Directed the first respondent to release the title deeds of the petitioner's property forthwith if the mortgage liability is liquidated in full.

V J Babu., Vs Union Bank of India — Banking and Recovery | Kerala HC (2019)

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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 P.B.SURESH KUMAR

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THURSDAY, THE 10TH DAY OF OCTOBER 2019 / 18TH ASWINA, 1941

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WP(C).No.5333 OF 2019(N)

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PETITIONER/S:

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V J BABU., AGED 61 YEARS S/O JOSEPH, VAALIPLACKAL ANAVILASAM, IDUKKI PIN - 685 535.

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BY ADV. SRI.S.DILEEP (KALLAR)

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RESPONDENT/S:

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1 UNION BANK OF INDIA ERNAKULAM MAIN BRANCH, UNION BANK BHAVAN, M.G.ROAD, ERNAKULAM - 682 035.

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2 JOSE MATHEW, S/O MATHEW EDAYODIL HOUSE, RAJAKKAD, IDUKKI - 685 566. 3 ELSY JOSE, W/O JOSE MATHEW, EDAYODIL HOUSE, RAJAKKAD, IDUKKI - 685 566. R1 BY SRI A.S.P. KURUP R2-3 BY ADV. SMT.SIJI BALAKRISHNAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.5333 of 2019

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..2..

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W.P.(C)No.5333 of 2019

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JUDGMENT

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The petitioner was a guarantor to a loan availed by respondents 2 and 3 from the first respondent bank. He has also mortgaged an item of property to secure the repayment of the loan. It is stated by the petitioner that though the liability in respect of the loan was liquidated in full by respondents 2 and 3, the first respondent bank is not releasing the title deed of the property deposited by the petitioner for creating the mortgage. The petitioner, therefore, seeks appropriate directions in this regard, in the Writ Petition.

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Heard the learned counsel for the petitioner as also the learned Standing Counsel for the first respondent .

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Having regard to the facts and circumstances of the case, I deem it appropriate to dispose of the Writ Petition directing the first respondent to release the title deeds of the property of the petitioner forthwith, if the liability under the

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W.P.(C)No.5333 of 2019

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..3..

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mortgage created by accepting the same has been liquidated in full. Ordered accordingly.

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Sd/-

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P.B.SURESH KUMAR, JUDGE

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kkj

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W.P.(C)No.5333 of 2019

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..4..

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 10/1/2019 BEFORE THE 1ST RESPONDENT.

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EXHIBIT P2 THE TRUE COPY OF THE LETTER NO. EKM/MM/2017-2018 DATED 17/1/2018 ISSUED BY THE 1ST RESPONDENT TO THE TAHASILDAR, LAND RECORDS, UDUMBANCHOLA.

V J Babu., v. Union Bank of India

Case brief

What is this about?

What did the court decide?

V J Babu., v. Union Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

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