IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 WP(C).No. 27176 of 2009(N) -------------------------- PETITIONER: --------------- P.P.ASHIQUE, N.H.47 BYEPASS ROAD, MARADU, KOCHI. BY ADV. MR. C.P.MOHAMMED NIAS RESPONDENTS: --------------- INDIAN BANK, M.G.ROAD BRANCH, ERNAKULAM. REPRESENTED BY ITS AUTHORISED SIGNATORY. ADV. MR. S.EASWARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2010, ALONG WITH WPC NO. 16708 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) Nos. 27176 of 2009 and 16708 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 2nd day of June, 2010 JUDGMENT The subject matter in both these Writ Petitions rather pertains to the very same root cause of action; whereby the petitioner in WP(C) 27176 of 2009 is made to discharge the liability due to the Bank in respect of the loan transaction. W.P. (c) 16708 of 2010 has been filed by the guarantors to the loan transaction. 2. During the pendency of WP (C) 27176 of 2009, several interim orders were passed by this Court, and various payments were effected by the petitioner therein as well as the guarantors. All the learned counsel appearing for the parties in both these cases submit that, the entire liability to the Bank has been cleared jointly by the borrower as well as the guarantors and the 'demand draft' given in this regard is being encashed today. The learned standing counsel appearing for the Bank submits that, consequential steps will be taken forthwith to release the title deeds to the parties concerned, within the shortest possible time. 3. The submissions as above are recorded and both the Writ Petitions are disposed of, directing the respondent Bank to complete the formalities to close the loan account and to return the title deeds to W.P. (C) Nos. 27176 of 2009 & 16708 of 2010 : 2 : the parties concerned, which shall be effected within one week. It is made clear that the issue raised by the petitioner in WP (C) 27176 of 2010 as to the correctness of the amount actually due and the extent of the payment already effected is left open. P. R. RAMACHANDRA MENON, JUDGE kmd