Abdul Jaleel.A vs Kerala Financial Corporation on 1 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 9450 of 2009(A)


1. ABDUL JALEEL.A.,
                      ...  Petitioner

                        Vs



1. KERALA FINANCIAL CORPORATION,
                       ...       Respondent

2. CHIEF MANAGER,

3. SPECIAL TAHSILDAR (REVENUE RECOVERY),

                For Petitioner  :SRI.S.MOHAMMED AL RAFI

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :01/07/2009

 O R D E R
                         V.GIRI, J
                       -------------------
                    W.P.(C).9450/2009
                       --------------------
            Dated this the 1st day of July, 2009

                       JUDGMENT

Petitioner’s brother availed a vehicle loan from the

2nd respondent, Kerala Financial Corporation. He had

created a security in relation to the property over which

the petitioner and his brother exercise joint ownership.

Though the said loan was cleared, respondents did not

release the documents of title. Apparently, this is for

the reason that the petitioner’s brother had availed

another loan from the 2nd respondent, that the same has

not been cleared and that therefore, the Corporation

proposes to exercise a general lien over property in

question as well.

2. A statement has been filed on behalf of the

respondents. There is no contention that the property in

question belonging to the petitioner, is continued to be

burdened with an attachment or any other form of

restraint. But the Corporation contends that it is

entitled to take steps to recover the amounts due from

W.P.(C).9450/2009
2

the petitioner’s brother in course of time. It would be

entitled to proceed against the petitioner’s property

covered by Ext.P1 settlement deed also, it is contended.

3. If the Corporation is entitled to proceed against

the property of the petitioner, they should demonstrate

the right before a Civil Court or before any other

appropriate forum. They cannot refuse to release the

documents of title after the loan, in relation to which

the property was offered as security, has been closed.

There is a termination of the relationship between the

petitioner and the Corporation, qua the loan which was

availed by the petitioner’s brother.

4. In the result, writ petition is disposed of directing

the 1st respondent to release the prior documents

relating to Ext.P1, within one month from the date of

receipt of a copy of this judgment.

V.GIRI,
Judge

mrcs