IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 WP(C).No. 5461 of 2010(G) ------------------------- PETITIONER(S): --------------- 1. O.P.ABDUL SALAM, PROPRIETOR, THRIVENI HOME APPLIANCES,CHEMMAD, MALAPPURAM DISTRICT. 2. E.SHAKEELA, PROPRIETOR, THRIVENI HOME APPLIANCES (AGENCIES), THRIVENI, THALAPPARA, P.O.MOONIYOOR, MALAPPURAM DISTRICT. 3. O.P.ABDUL SALAM, S/O.O.P.ALAVIKUTTY, THRIVENI, THALAPPARA, P.O.MOONIYOOR, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): --------------- 1. THE CHIEF MANAGER, STATE BANK OF TRAVANCORE, THIROORANGADI, MALAPPURAM DISTRICT. 2. THE ASSISTANT GENERAL MANAGER, STATE BANK OF TRAVANCORE, REGIONAL OFFICE-3, MAVOOR ROAD, KOZHIKODE. 3. THE DEPUTY GENERAL MANAGER, STATE BANK OF INDIA, ZONAL OFFICE, MAVOOR ROAD, KOZHIKODE. ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR SRI P.V.SURENDRANATH (SC) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.5461 OF 2010 ----------------------------------------------------- DATED THIS THE 19th DAY OF MARCH, 2010 J U D G M E N T The three petitioners herein are having different business concerns and are having dealings with the respondents-bank. There are two overdraft accounts and one individual account. It is the case of the petitioners that the petitioners had been remitting various amounts, but there has occurred some mistakes in the account, which even though the petitioners had pointed out at various occasions, those were not rectified by the respondent-bank. It is submitted that the petitioners are not interested in having any litigation with the bank and if the correct details of the bank account are disclosed, the petitioners will remit the arrears if any for renewing the overdrafts. It is in these circumstances that the petitioners have approached this Court, after failing to get any positive reply in the matter. 2. In the statement filed on behalf of the respondents, it is pointed out that three loans were sanctioned to the petitioners and the first loan is a cash credit limit of Rs.15,00,000/- under Account No.57031 218294. It is in favour of the first petitioner, which is a proprietory concern of O.P.Abdul Salam. The second loan is a housing loan of Rs.3,00,000/-which is in the name of O.P.Abdul Salam with the W.P.(C)No.5461/10 -2- housing loan account No.57031 223962. The third loan is in the name of Thriveni Home Appliances (Agencies), which is a proprietory concern owned by Smt.E.Shakkeela, wife of O.P.Abdul Salam. The amount of cash credit is Rs.15,00,000/- and the account No. is 156701248 4912. The amount outstanding under the above three loans as on 22.10.2009, the date on which the loan was declared as NPA is Rs.17,59,928.14, Rs.2,19,615.99 and Rs.16,24,273/- respectively. They have offered collateral security also for all the three loans. 3. It is pointed out that the accounting system was changed to core banking system with effect from 7.7.2005 and when the accounts were verified, some mistakes were found out which were corrected also. Excess interest of an amount of Rs.50,423/- was refunded to the account number of the 1st petitioner and a further refund of Rs.26,715/- was made on 28.1.2008. The petitioners did not operate the account from 27.3.2009 and he has not repaid any amount towards overdrawing or interest debited to the account in spite of repeated notices. It is also pointed out that notice under Section 13 (2) of the SARFAESI Act was issued to the petitioner on 11.1.2010. 4. What is highlighted by the learned counsel for the petitioner is that if the petitioners are supplied with details of all the W.P.(C)No.5461/10 -3- accounts and statements from the year 2002 onwards, they will be able to verify the same, point out any incorrect entries, etc. and find the amount due so that they can clear the accounts and settle the matter with the bank. 5. The learned counsel for the Bank submitted that if the petitioners are willing to remit the required fee for the same, they will be supplied to the petitioners. The Writ Petition is disposed of directing the petitioners to approach the first respondent, who will give the details of the amount required for issuing the copies and on remitting the same, the statements will be issued to the petitioners within a period of two weeks. No costs. T.R.RAMACHANDRAN NAIR, JUDGE dsn