IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 WP(C).No. 31946 of 2008(C) ---------------------------------------- PETITIONER(S): ------------------------- K.K.RAMESAN, S/O. KRISHNAN, AGED 53 YEARS, KALAPURACKAL, MUTHAKUNNAM, ERNAKULAM. BY ADV. SMT.P.A.ANITHA RESPONDENT(S): --------------------------- 1. THE JOINT REGISTRAR(GENERAL) OF CO-OPERATIVE SOCIETIES, ERNAKULAM. 2. THE ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD,REPRESENTED BY ITS GENERAL MANAGER. 3. THE BRANCH MANAGER ERNAKULAM DISTREICT CO-OPERATIVE BANK LTD, MUTHUKUNNAM BRANCH. GOVERNMENT PLEADER SRI.K.C.SANTHOSHKUMAR FOR R1 ADV.SRI. P.V.SURENDRANATH, SC, EKM DIST.CO-OP.BANK FOR R2 & R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) NO. 31946 OF 2008 (C) ------------------------------------------------------ Dated this the 30th day of October, 2008 J U D G M E N T Petitioner and his wife availed a loan from the second respondent bank through its third respondent branch. The petitioner even according to the bank has repaid the entire amount excluding expenditure, which is the amount pending consideration with the bank on the request of the petitioner for waiver. This writ petition is filed on the premise that the bank has taken a stand that it would not release the documents since the loan was availed firstly by the petitioner and his wife and the property stands in their joint names. The petitioner's wife has, according to the petitioner, stated left, him and her whereabouts are not known. Under such circumstances, this writ petition is ordered directing that if any document is to be executed by the bank for the purpose of the release shall be executed in favour of the petitioner and his wife and that document shall be handed over to the petitioner on behalf of the petitioner and his wife and the petitioner shall for such purpose execute a simple bond agreeing to indemnify the bank for any loss that may be caused by such release. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/1/11