IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 3117 of 2008(U)
1. S.GIRIJA, W/O.LATE V.SASIDHARAN,
... Petitioner
Vs
1. THE GENERAL MANAGER, ALLAHABAD BANK,
... Respondent
2. THE ASSISTANT GENERAL MANAGER,
3. THE BRANCH MANAGER,
For Petitioner :SRI.M.K.CHANDRA MOHANDAS
For Respondent :SRI.P.JACOB VARGHESE
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :04/04/2008
O R D E R
ANTONY DOMINIC, J.
------------------------------------
W.P.(C) 3117 of 2008
-------------------------------------
Dated: APRIL 4, 2008
JUDGMENT
Petitioner, a defaulter to the bank, is facing proceedings under
the Securitization and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002. The writ petition has
been filed praying for permitting to settle the liability by accepting
the offer that has been made. There is a further prayer to release
the documents.
2. From the counter affidavit filed it is disclosed that the
petitioner is also a guarantor to another loan in respect of which
more than Rs.13 lakhs is due to the bank. On account of this, the
bank states its unwillingness to release the documents as sought for
by the petitioner.
3. At that stage, pleading ignorance of the loan transaction
mentioned by the bank in respect of which the aforesaid liability has
accrued, petitioner has filed Ext.P3 representation before the bank
seeking disclosure of certain information. It is now submitted that
WP(C) 3117/08
Page numbers
the bank may be asked to pass orders on the representation so
made.
4. I heard the standing counsel appearing for the bank which
reiterates the plea in the counter affidavit filed.
5. Taking into account the controversy that is prevailing
between the parties, I think it is only reasonable that the bank itself
orders on Ext.P3.
With this direction the writ petition is closed.
ANTONY DOMINIC, JUDGE
mt/-