IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27176 of 2009(N)
1. P.P.ASHIQUE, N.H.47 BYEPASS ROAD,
... Petitioner
Vs
1. INDIAN BANK, M.G.ROAD BRANCH, ERNAKULAM.
... Respondent
For Petitioner :SRI.C.P.MOHAMMED NIAS
For Respondent :SRI.S.EASWARAN
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :02/06/2010
O R D E R
P.R. RAMACHANDRA MENON J.
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W.P. (C) Nos. 27176 of 2009
and 16708 of 2010
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Dated, this the 2nd day of June, 2010
JUDGMENT
The subject matter in both these Writ Petitions rather pertains to
the very same root cause of action; whereby the petitioner in WP(C)
27176 of 2009 is made to discharge the liability due to the Bank in
respect of the loan transaction. W.P. (c) 16708 of 2010 has been filed
by the guarantors to the loan transaction.
2. During the pendency of WP (C) 27176 of 2009, several interim
orders were passed by this Court, and various payments were effected
by the petitioner therein as well as the guarantors. All the learned
counsel appearing for the parties in both these cases submit that, the
entire liability to the Bank has been cleared jointly by the borrower as
well as the guarantors and the ‘demand draft’ given in this regard is
being encashed today. The learned standing counsel appearing for
the Bank submits that, consequential steps will be taken forthwith to
release the title deeds to the parties concerned, within the shortest
possible time.
3. The submissions as above are recorded and both the Writ
Petitions are disposed of, directing the respondent Bank to complete
the formalities to close the loan account and to return the title deeds to
W.P. (C) Nos. 27176 of 2009 & 16708 of 2010
: 2 :
the parties concerned, which shall be effected within one week. It is
made clear that the issue raised by the petitioner in WP (C) 27176 of
2010 as to the correctness of the amount actually due and the extent of
the payment already effected is left open.
P. R. RAMACHANDRA MENON, JUDGE
kmd