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.
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W.P.(C) NO. 32297 OF 2008 (T)
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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