IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 35703 of 2007(A)
1. C.R.SINDU ,AGED 36 YEARS
... Petitioner
Vs
1. STATE BANK OF TRAVANCORE
... Respondent
2. AUTHORISED OFFICER( THE CHIEF MANAGER)
3. DR.P.L.REJITLAL, T.C. 61/2038
For Petitioner :SRI.C.S.MANU
For Respondent :SRI.SATHISH NINAN
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :17/12/2007
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 35703 OF 2007 A
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Dated this the 17th December, 2007
J U D G M E N T
Proceedings have been initiated under the Securitization and
Reconstruction of Financial Assets and Enforcement of Security
Interest Act, 2002 against the property of which the 3rd respondent
is owner, he being the defaulter to the 1st respondent Bank.
Petitioner submits that she is residing in the property and that is is
only on account of a fraud played by the 3rd respondent that he got
the property in his name. Petitioner also submits that the 3rd
respondent is not interested in discharging the liability and
therefore she will discharge the liability, provided the Bank returns
the title deeds deposited by the 3rd respondent to her.
2. The 3rd respondent seems to be agreeable to the petitioner
discharging the liability. According to him, the title to the property
belongs to him and that if the liability to the Bank is settled, the
documents also should be returned to him.
WPC No. 35703/07 -2-
3. It is not in controversy that the amount is due to the 1st
respondent Bank and if that be so, the Bank cannot be faulted in
taking action against the property mortgaged. As far as the Bank is
concerned, the petitioner is a stranger and therefore the Bank will
not be in a position to release the title deeds to the petitioner unless
the 3rd respondent agrees to such a course. The 3rd respondent is
not in a mood to agree to such course of action and if that be so,
this Court will not be justified in compelling the bank to release
documents of title deposited by the 3rd respondent to the petitioner.
Writ petition fails and is dismissed.
ANTONY DOMINIC
JUDGE
jan/-