High Court Kerala High Court

K.V. Neelakanda Pillai vs Canara Bank on 6 January, 2009

Kerala High Court
K.V. Neelakanda Pillai vs Canara Bank on 6 January, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 32297 of 2008(T)


1. K.V. NEELAKANDA PILLAI, AGED 66 YEARS,
                      ...  Petitioner

                        Vs



1. CANARA BANK, KAKKODI BRANCH,
                       ...       Respondent

                For Petitioner  :SRI.P.S.SREEDHARAN PILLAI

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :06/01/2009

 O R D E R
                           ANTONY DOMINIC, J.
                          ==============
                     W.P.(C) NO. 32297 OF 2008 (T)
                    ====================

                Dated this the 6th day of January, 2009

                              J U D G M E N T

Heard both sides.

2. Petitioner seeks a declaration that the he is entitled to receive

back the title deeds deposited by him in connection with the loan account

No.1/1978. He is also praying for a direction to the Bank to furnish him a

statement of accounts.

3. Return of the documents is sought on the basis that in terms of

a one time settlement scheme, the petitioner has cleared off his liabilities.

4. In the statement that has been filed, Bank has stated that they

have not agreed for any compromise or one time settlement and that the

averment to that effect in the writ petition is incorrect. It is also stated

that money is still due from the petitioner.

5. If that be so, in view of the disputed questions of fact involved,

this Court will not be justified in directing the Bank to release the

documents of title.

WPC 32297/08
:2 :

5. The second prayer in the writ petition is to call upon the Bank

to furnish him a statement of accounts. This the Bank shall do, as

expeditiously as possible, at any rate within 2 weeks of production of a

copy of this judgment.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE
Rp