Dismissed

P.C.James Alias Panachenanickal Chacko Chacko v. the Manager

Kerala HC6 Jan 2023WP(C)/39163/2022

Case brief

AI extract

What is this about?

The Court disposed of a writ petition filed by loan borrowers challenging the State Bank of India's refusal to release title deeds secured against closed loans. The Court held the Bank's stance was reasonable due to jurisdictional issues.

What did the court decide?

Directing the petitioners to submit an application for the release of title deeds to the Thodupuzha Branch, to be processed immediately.

P.C.James Alias Panachenanickal Chacko… — Contract and Commercial Disputes | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 6^TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944 WP(C) NO. 39163 OF 2022

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PETITIONER/S:

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1 P.C.JAMES ALIAS PANACHENANICKAL CHACKO CHACKO AGED 67 YEARS S/O CHACKO, PANACHENANIKAL HOUSE THUDAGANAD P.O, MUTTOM, IDUKKI, KERALA , PIN - 685587 2 CICILY JAMES AGED 62 YEARS W/O P.C JAMES PANACHINANIKAL HOUSE, THUDAGANAD P.O, MUTTOM, IDUKKI, KERALA , PIN - 685587 BY ADVS. RISHAB S. RIJO DOMY PAREETH LUTHUFIN K.B.

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RESPONDENT/S:

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1 THE MANAGER STATE BANK OF INDIA THODUPUZHA BRANCH, PALA ROAD, IDUKKI DISTRICT , PIN - 685584 2 THE MANAGER STATE BANK OF INDIA THODUPUZHA TOWN BRANCH, AMBALAM BYPASS ROAD THODUPUZHA, IDUKKI DISTRICT , PIN - 685584 BY ADVS. Ambily S K.K.CHANDRAN PILLAI (SR.)(C-41)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC No.39163 of 2022

V. G. ARUN, J

…......................................... W.P.(C).Nos. 39163 of 2022

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…........................................................... Dated this the 6^th day of January, 2023

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JUDGMENT

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The petitioners' grievance is regarding failure of the State Bank of India, to release the documents submitted as security for the loans availed by them. According to the petitioners, the loans were closed and the Bank has issued loan closure certificates. In spite of closure of the two loan accounts, the Bank is not releasing the title deeds. Hence this writ petition.

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Learned Standing Counsel for the Bank submitted on instructions that the petitioners had availed loans from the SBI, Thodupuzha Branch and the erstwhile SBT, Thodupuzha Town Branch. One of the reasons for not considering the release of their title deeds is that the request is submitted before the Muttom Branch Manager. It is submitted that, as per instructions received, the petitioners had three loan accounts, of which two are closed and the third is still in subsistence. Therefore, only the title deeds pertaining to the closed loan accounts can be released. Those title deeds pertain to the properties having the extent of 4.5 ares of land in Sy.No.128/6-1 and 40.47 ares in Sy.No.128/3-1 of Block No.16 in

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WPC No.39163 of 2022

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Muttom Village, Thodupuzha Taluk. The Bank is prepared to release the title of these properties if the petitioner makes a request before the Thodupuzha Branch of SBI.

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I find the Bank's stand to be reasonable. The writ petition is hence disposed of, directing the petitioner to submit application seeking release of the title deeds pertaining to the properties mentioned above before the Thodupuzha Branch of the SBI. On such application being filed, the same shall immediately be processed and the documents released. If the petitioner's grievance subsist even after release of the documents, they are at liberty to approach any other appropriate forum or this Court.

Dxy

WPC No.39163 of 2022

APPENDIX OF WP(C) 39163/2022

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PETITIONER EXHIBITS

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Exhibit P1	A TRUE COPY OF TAX RECEIPT DATED
	11/3/2020 IN THE NAME OF PETITIONERS
Exhibit P2	A TRUE COPY OF TAX RECEIPT DATED 11/3/2020 IN THE NAME OF PETITIONERS
Exhibit P3	TRUE COPY OF THE LOAN CLOSURE CERTIFICATE DATED 13.01.2020, ISSUED BY THE 1ST RESPONDENT
Exhibit P4	TRUE COPY OF ONE OF SUCH REPRESENTATION SENT BY THE PETITIONER DATED 26.04.2022 REQUESTING THE 2NDRESPONDENT TO RELEASE THE MORTGAGED TITLE DEEDS
Exhibit P5	TRUE COPY OF THE FINAL ORDER DATED 31.08.2016 IN O.A 657 OF 2014 PASSED BY HON'BLE DEBT RECOVERY TRIBUNAL, ERNAKULAM
Exhibit P6	TRUE COPY OF ONE TIME SETTLEMENT AGREEMENT DATED 30.09.2021 BETWEEN THE
	FEDERAL BANK AND THE DEFENDANTS IN OA

P.C.James Alias Panachenanickal Chacko Chacko v. the Manager

Case brief

What is this about?

What did the court decide?

P.C.James Alias Panachenanickal Chacko Chacko v. the Manager

Case brief

What is this about?

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