IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31946 of 2008(C)
1. K.K.RAMESAN
... Petitioner
Vs
1. THE JOINT REGISTRAR(GENERAL) OF
... Respondent
2. THE ERNAKULAM DISTRICT CO-OPERATIVE BANK
3. THE BRANCH MANAGER
For Petitioner :SMT.P.A.ANITHA
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :30/10/2008
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
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W.P.(C) NO. 31946 OF 2008 (C)
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Dated this the 30th day of October, 2008
J U D G M E N T
Petitioner and his wife availed a loan from the second respondent
bank through its third respondent branch. The petitioner even according to
the bank has repaid the entire amount excluding expenditure, which is the
amount pending consideration with the bank on the request of the petitioner
for waiver.
This writ petition is filed on the premise that the bank has taken a
stand that it would not release the documents since the loan was availed
firstly by the petitioner and his wife and the property stands in their joint
names. The petitioner’s wife has, according to the petitioner, stated left, him
and her whereabouts are not known. Under such circumstances, this writ
petition is ordered directing that if any document is to be executed by the
bank for the purpose of the release shall be executed in favour of the
petitioner and his wife and that document shall be handed over to the
petitioner on behalf of the petitioner and his wife and the petitioner shall for
such purpose execute a simple bond agreeing to indemnify the bank for any
loss that may be caused by such release.
THOTTATHIL B. RADHAKRISHNAN,
JUDGE
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