IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 WA.No. 834 of 2008 --------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.12753/2007 DTD. 29/06/2007 .................... APPELLANT/ PETITIONER: -------------------------------------- P.N.SAMBASIVAN, SUBHI, HOUSE NO. 33/4943, THONDAYADU ROAD, CHEVARAMBALAM, KOZHIKODE-17. BY ADV. SRI.C.S.MANU, SRI.S.K.PREMRAJ, SRI.ANOOP JOSEPH, SRI.ABHILASH AKBAR. RESPONDENTS/ RESPONDENTS: ----------------------------------------------- 1. STATE BANK OF TRAVANCORE, HEAD OFFICE, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. 2. CHIEF MANAGER, STATE BANK OF TRAVANCORE, EDAPPALLY BRANCH, ERNAKULAM. ADV. SRI.M.PATHROSE MATTHAI (SR.) FOR R1 & R2, ADV. SRI.SAJI VARGHESE FOR R1 & R2. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- W.A.No.834 OF 2008 ------------------------------------- Dated 27th August, 2008 JUDGMENT Koshy,J . The appellant/petitioner has deposited the original title deeds of his property while availing a loan from the Edappally Branch of the first respondent bank . Subsequently, he availed another loan from the Mavoor Road Branch also. The question is whether the equitable mortgage created by depositing title deeds will cover the loan taken from the Mavoor Road Branch also. The loan taken from Edappally Branch was repaid. Petitioner wants to get back the documets. It was refused by the Bank on the ground that the loan taken from the Mavoor Road Branch was not repaid. Even though bank business depends upon the agreement between the parties, unless specifically covered by the statutory provisions, in this case, in the Memorandum of Deposit of Title Deeds it is specifically stated that the Title of Deeds of the property by way of collateral security is deposited for the amounts due to the Bank from the petitioner under the following credit facilities extended to him by the Bank and any other credit facilities that may be granted to him by the Bank thereafter: a) MTL (HL) Lt. 3,43,300/= W.A.834/2008 2 So, for the subsequent facilities offered by the Bank, it can keep the security by exercising banker's lien. In the above circumstances, we see no ground to interfere in the impugned judgment. The appeal is dismissed. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks