IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23223 of 2009(W)
1. GANGADHARAN K.,
... Petitioner
Vs
1. THE SENIOR MANAGER, STATE BANK
... Respondent
2. THE ASSISTANT GENERAL MANAGER,
For Petitioner :SRI.R.BINDU (SASTHAMANGALAM)
For Respondent :SRI.R.S.KALKURA
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :03/03/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No.23223 OF 2009
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Dated this the 3rd day of March, 2010.
J U D G M E N T
The petitioner herein has filed this writ petition seeking for a
direction to the respondents to return the original title deeds
deposited with the Bank by the petitioner while availing cash
credit facility for the purpose of starting the industrial unit by
name “M/s.Ganga Industries”.
2. The petitioner had availed of the loan in the year 1995,
which was closed as evident from Exhibits P2 and P3. It is
thereafter the petitioner approached the 1st respondent for
getting the original title deeds.
3. The stand taken by the Bank as evident from the
counter affidavit is that the petitioner is also a guarantor for
another loan availed by M/s.Apex Auto Products in which
Sri.K.Shailesh, elder son of the petitioner was the Managing
partner. It is pointed out that the Bank is entitled to exercise its
general lien and therefore, the documents cannot be returned as
W.P.(C) No.23223/2009 2
requested for by the petitioner.
4. Along with the memo, the Bank has produced the details
of agreement etc. Learned counsel for the petitioner submitted
that the petitioner may be given an opportunity to move the
Bank itself for making appropriate proposal with regard to the
release of the security offered.
The petitioner is accordingly given an opportunity for
submitting a fresh proposal to the Bank and if such a proposal is
submitted, the Bank will consider the same in accordance with
law. All the contentions of the parties are left open.
This writ petition is disposed of as above.
T.R. RAMACHANDRAN NAIR
JUDGE
smp