IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 WP(C).No. 20693 of 2011(J) -------------------------- PETITIONER(S): --------------- JIMSHAD, S/O.ABDUL MAJEED, AGED 27 YEARS SAJANA MANZIL, VENGERI VILLAGE, KOZHIKODE TALUK, VENGERI PO,KOZHIKODE DISTRICT PIN 673 010. BY ADV. SRI.V.K.BALACHANDRAN RESPONDENT(S): --------------- FEDERAL BANK LTD, KOTTARAKKARA BRANCH REPRESENTED BY ITS BRANCH, MANAGER KOTTARAKKARA 691 506. ADV. SRI.A.ANTONY SMT.LEELAMMA ANTONY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20693 of 2011 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE SALE DEED DATED 15.7.10 EXT.P2- TRUE COPY OF THE CONSENT LETTER (True copy) P.A To Judge ANTONY DOMINIC, J .......................................... W.P.(C). 20693/2011 .......................................... Dated this the 28th day of September, 2011 JUDGMENT Petitioner submits that he has purchased 19.42 ares of property and 40.90 Ares of property covered by Ext.P1 sale deed dated 15.7.2010 from one Sindhu. It is stated that the aforesaid Sindhu had mortgaged the property to the respondent Bank and the Bank has taken possession of the property in SARFAESI proceedings. According to the petitioner, he is willing to discharge the liability and therefore, the Bank should be directed to receive from the petitioner, the amount due to them from the defaulter, namely Sindhu who has mortgaged the property and on that basis, the documents be released to the petitioner. 2. However, the learned counsel appearing for the respondent submits that as far as the Bank is concerned, petitioner is a stranger and therefore, the prayer sought can be granted provided the petitioner discharges the liability and also produces the Power of Attorney or other authentic documents from the W.P.(C).20693/11 2 mortgagor to the satisfaction of the Bank. 3. Since the property has been mortgaged by the petitioner's vendor, unless the petitioner produces the documents and discharges the liability, petitioner cannot seek release of the documents. Therefore, I direct that if the petitioner produces the power of attorney or other authentic documents to the satisfaction of the Bank and discharges the liability that is due to him, Bank will accept the amounts and release the documents to the petitioner. It is also directed that the petitioner shall comply with the above, at any rate, within two months and there upon the documents shall be released to him. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs