IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 WP(C).No. 4711 of 2011(L) ------------------------------------- PETITIONER: ------------------- JESSY GEORGE, W/O.SABU JACOB, KOCHU KUNNATHU PARAMBIL, THALACODE.P.O., ERNAKULAM DISTRICT. BY ADV. SRI.LATHEESH SEBASTIAN. RESPONDENTS: ------------------------ 1. BANK OF BARODA, REPRESENTED BY REGIONAL MANAGER, REGIONAL OFFICE, ERNAKULAM – 682 016. 2. THE BRANCH MANAGER, BANK OF BARODA, THODUPUZHA BRANCH, KALARIKKAL BUILDING, THODUPUZHA – 685 584. BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.4711/2011-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE FIXED DEPOSIT RECEIPT DTD. 03/09/10. EXT.P.2: COPY OF THE REPRESENTATION OF THE PETITIONER DTD. 08/02/2011. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No. 4711 of 2011 -------------------------- Dated this the 21st February, 2011 J U D G M E N T Petitioner has approached this Court mainly with the following relief: "Issue a writ of mandamus or any other writ, direction or order to the 2nd respondent to release the amount deposited on the basis of Ext.P1 on executing affidavit/bond showing the loss of Original FD Receipt at the earliest or within a time frame fixed by this Hon'ble Court" 2. Despite service of notice by special messenger, nobody has entered appearance on behalf of the Bank. In the above situation, this Court reasonably presumes that the respondents do not have any grievance with regard to the prayers sought for by the petitioner. 3. In the above circumstances, the 2nd respondent is directed to release the amount deposited on the basis of Ext.P1 on executing an 'affidavit/bond' showing the loss of the original FD receipt before the Bank. Steps in this regard shall be finalised by the Bank within 'one week' from the date of satisfying the above requirement. The petitioner shall produce a copy of this W.P (C) No. 4711 of 2011 2 judgment along with a copy of the writ petition before the 2nd respondent, for further steps. The writ petition is disposed of as above. P.R.RAMACHANCDRA MENON, JUDGE ma W.P (C) No. 4711 of 2011 3