IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 WP(C).No. 30743 of 2009(K) --------------------------------------- PETITIONERS: --------------------- 1. MADANAN. M., S/O.DAMODARAN, CHANOLIYANVALAPPIL (H), MAYYAZHI COMMUN, MAYYAZHI DESOM, PUDUSSERI STATE. 2. KALATHIL SURENDRAN, S/O.NARAYANAN, 'ABEES', AZHIYOOR, VATAKARA TALUK, KERALA STATE. BY ADV. MR.NIRMAL. S. RESPONDENTS: ------------------------ 1. STATE BANK OF INDIA, REPRESENTED BY THE MANAGER, RETAIL ASSETS SMALL & MEDIUM ENTERPRISES, CITY CREDIT CENTRE (RASMECCC) (CODE NO.10210) SN PARK ROAD, KANNUR 670 001. 2. THE MANAGER, STATE BANK OF INDIA, MAHE BRANCH, MAYYAZHI COMMUN, MAYYAZHI DESOM, PUDUSSERI STATE. R1 & R2 BY MR.K.K.CHANDRAN PILLAI , S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.30743 OF 2009 --------------------------------------- Dated this the 2nd day of February, 2010. J U D G M E N T The petitioners had taken a loan from the respondent Bank to the tune of Rs.2,00,000/- on 10.09.2005 as Loan Account No.30012739794/SBF. The petitioners had created equitable mortgage by depositing title deed of property jointly owned by the petitioners in resurvey No.127/1 of Mahe Village. The entire loan amount was repaid and the account was closed on 04.05.2009. The petitioners seek for a direction to the Bank to return the documents in original which have been submitted at the time of creation of mortgage. 2. The respondents have filed a counter affidavit. It is pointed out that the documents could not be traced out so far in spite of various efforts being made. It is so happened as the loan account of the petitioners was migrated to RASMECCC Kannur branch during May-June 2007. The respondents have pointed out that either the documents might have been misplaced or lost W.P.(C) No.30743/2009 2 during the time/process of transferring the loan account with the documents from Mahe branch to the RASMECCC branch at Kannur. Even after repeated adjournments, so far the respondents could not trace out the documents. It is submitted by the learned Standing Counsel for the Bank that the Bank will render all assistance and incur expenses for enabling the petitioners to get the certified copies of the documents from the Sub Registry Office concerned. In the event of the petitioners publishing any notification regarding the missing documents, the expense towards the same also will have to be borne by the Bank itself. The petitioners will therefore, inform the Bank about the expenditures required to be met by the petitioners and on furnishing the same, the Bank will disburse the same to the petitioners without any delay. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp