IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 WP(C).No. 23223 of 2009(W) ----------------------------------------- PETITIONER(S): ------------------------ GANGADHARAN K., S/O. BALAN, AGED 60, KULANGARA, KACHERI DESOM, KACHERI VILLAGE, KOZHIKODE. BY ADV. MR.R.BINDU (SASTHAMANGALAM) MR.PRASANTH M.P. RESPONDENT(S): --------------------------- 1. THE SENIOR MANAGER, STATE BANK OF INDIA, KALLAI BRANCH, CALICUT. 2. THE ASSISTANT GENERAL MANAGER, STATE BANK OF INDIA, RASMECCC, CALICUT. R1 & R2 BY ADV. MR.R.S.KALKURA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.23223 OF 2009 --------------------------------------- Dated this the 3rd day of March, 2010. J U D G M E N T The petitioner herein has filed this writ petition seeking for a direction to the respondents to return the original title deeds deposited with the Bank by the petitioner while availing cash credit facility for the purpose of starting the industrial unit by name “M/s.Ganga Industries”. 2. The petitioner had availed of the loan in the year 1995, which was closed as evident from Exhibits P2 and P3. It is thereafter the petitioner approached the 1st respondent for getting the original title deeds. 3. The stand taken by the Bank as evident from the counter affidavit is that the petitioner is also a guarantor for another loan availed by M/s.Apex Auto Products in which Sri.K.Shailesh, elder son of the petitioner was the Managing partner. It is pointed out that the Bank is entitled to exercise its general lien and therefore, the documents cannot be returned as W.P.(C) No.23223/2009 2 requested for by the petitioner. 4. Along with the memo, the Bank has produced the details of agreement etc. Learned counsel for the petitioner submitted that the petitioner may be given an opportunity to move the Bank itself for making appropriate proposal with regard to the release of the security offered. The petitioner is accordingly given an opportunity for submitting a fresh proposal to the Bank and if such a proposal is submitted, the Bank will consider the same in accordance with law. All the contentions of the parties are left open. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp