Kerala High Court

WP(C)/38152/2008 of S.HARISANKAR Vs THE AUTHORISED OFFICER on 30 December 2008

HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 30TH DECEMBER 2008 / 9TH POUSHA 1930 WP(C).No. 38152 of 2008(P) -------------------------- PETITIONER(S): --------------- S.HARISANKAR, S/O. SREENIKETHAN, THATTATHUMALA, KILIMANOOR,

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN

TUESDAY, THE 30TH DECEMBER 2008 / 9TH POUSHA 1930

WP(C).No. 38152 of 2008(P)

--------------------------

PETITIONER(S):

---------------

S.HARISANKAR, S/O. SREENIKETHAN,

THATTATHUMALA, KILIMANOOR,

THIRUVANANTHAPURAM DIST.

BY ADV. SRI.C.R.SIVAKUMAR

RESPONDENT(S):

---------------

1. THE AUTHORISED OFICER/CHIEF MANAGER,

THE STATE BNK OF TRAVANCORE,

BEACH ROAD BRANCH, KOLLAM DIST.

2. THE BRANCH MANAGER,

THE STATE BANK OF TRAVANCORE,

BEACH ROAD BRANCH, KOLLAM DIST.

3. THE ASSISTANT GENERAL MANAGER,

REGIONAL -4, STATE BANK OF TRAVANCORE,

ZONL OFFICE, SANTHINAGAR,

THIRUVANANTHPURAM.

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BY SC FOR SBT SRI.K.S.DILIP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

ON 30/12/2008, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

THOTTATHIL B. RADHAKRISHNAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 38152 OF 2008

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -Dated this the 30[th] day of December, 2008

JUDGMENT

The petitioner availed a loan from the 2[nd] respondent.

Admittedly, the loan is yet to be repaid. He also states that he seeksthe benefit of one time settlement. His contention is that the titledeeds deposited by him before the bank should be returned to himon repayment of the loan amount. Normally that is not done. Healso contends that there appears to be a case into which the CentralBureau of Investigation(CBI) is investigating. If the CBI or the courtwhere the criminal proceedings are pending in relation to thedocuments, the bank cannot be compelled to release documentsunless those authorities concurrently consider the matter.

2. This is a matter to be dependent upon the investigatingagency or the court before which that case is pending. This is not amatter on which this Court to issue any directions. Therefore, if thepetitioner pays off the amounts due to the bank and the bankcertifies that dues payable to it have been paid, the bank would release the documents, if there is no interdiction from the CBI or the criminal court. If there is any such interdiction, either the bank or the petitioner may move that authority for appropriate orders.

Writ Petition is ordered accordingly.

ttb 30/12

THOTTATHIL B. RADHAKRISHNAN, JUDGE

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