High Court Kerala High Court

Sayed Mohammed Rawther vs Branch Manager on 2 July, 2008

Kerala High Court
Sayed Mohammed Rawther vs Branch Manager on 2 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 16373 of 2008(Y)


1. SAYED MOHAMMED RAWTHER,
                      ...  Petitioner

                        Vs



1. BRANCH MANAGER,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

3. EXECUTIVE ENGINEER,

                For Petitioner  :SRI.T.M.ABDUL LATHEEF

                For Respondent  :SRI.K.K.JOHN,SC,SOUTH INDIAN BANK

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :02/07/2008

 O R D E R
                          S.SIRI JAGAN, J
                           ==============
                    W.P.(C).No. 16373 OF 2008
                       ====================
               Dated this the 2nd day of July, 2008.

                           J U D G M E N T

The petitioner has availed of certain loans from the 1st

respondent-bank, In respect of the payments to be made by the

respondents 2 and 3 to the petitioner as a ‘A’ Class Contractor of

Public Works Department, the petitioner had executed a power of

attorney in favour of the 1st respondent to receive the amounts, and

credited the same in the petitioner’s loan account. The loan

account of the petitioner with the 1st respondent-bank has been

finally closed. In spite of the same, the respondents 2 and 3 have

issued a cheque for amounts payable to the petitioner to be

encashed through the bank, apparently, on the strength of the

power of attorney earlier issued by the petitioner to the bank.

When the petitioner presented the cheque before the bank, the

bank refused to honour the same on the ground that since the loan

transaction has been finally closed, they can no longer be the power

of attorney holder of the petitioner to encash the cheque. In the

above circumstances, the petitioner filed this writ petition seeking

the following reliefs:

W.P.(C).No. 16373 OF 2008 2

i) To call for the records relating to Exts. P1 to P4 and
to issue any order or direction commanding the 3rd
respondent to issue cheques to the petitioner for the
amount covered by Ext. P3 without making any
endorsement enabling the 1st respondent (Bank) for
collecting the amount on behalf of the petitioner by issuing
a fresh cheque or recalling the previous one and cancelling
the endorsement.

ii) To issue a writ of mandamus commanding the 1st
respondent (Bank) to accept the cheque of the petitioner
and to disburse the amount after collecting amount after
collecting the same from the 3rd respondent.

2. I have heard the parties.

3. The learned counsel for the 1st respondent also agrees

before me that they have no further lien in respect of the amounts

payable by respondents 2 and 3 to the petitioner. That being so,

nothing stands in the way of respondents 2 and 3 issuing a cheque

directly to the petitioner in respect of the amounts payable to him.

Accordingly, there will be a direction to the respondents 2 and

3 to issue a fresh cheque in the name of the petitioner for his

amounts covered by Ext.P3, after cancelling Ext.P3, as

expeditiously as possible, at any rate, within two weeks from the

date of receipt of a copy of this judgment.

S.SIRI JAGAN, JUDGE
bkn/-