IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 WP(C).No. 24722 of 2011(M) ---------------------------------------- PETITIONER(S): ----------------------- M.P. PAUL, S/O. PAULOSE, MANJOORAN HOUSE, NORTH KOODAPPUZHA, CHALAKUDY. P.O., THRISSUR DISTRICT, PIN-680 307. BY ADV. SRI.K.I.ABDUL RASHEED, SRI.K.A.SHAMSUDEEN, SRI.V.K.MEETHIANKUNJU, SMT.BHAMA G. NAIR. RESPONDENT(S): -------------------------- 1. THE MANAGER, INDIAN BANK, CHALAKUDY BRANCH, CHALAKUDY, PIN-680 307. 2. THE ZONAL MANAGER, INDIAN BANK, ZONAL OFFICE, CHITTOOR ROAD, PULLEPPADY, COCHIN-682 035. R1 & R2 BY ADV. SRI.S.EASWARAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 24722 of 2011(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE STATEMENT OF ACCOUNT IN THE ACCOUNT NUMBER 478869920 OF PETITIONER'S WIFE SASIKALA. EXT.P2 TRUE COPY OF THE STATEMENT OF ACCOUNT IN ACCOUNT NUMBER 905282771 OF PETITIONER'S WIFE SASIKALA. EXT.P3 TRUE COPY OF THE STATEMENT OF ACCOUNT NUMBER 901831352 OF PETITIONER. EXT.P4 TRUE COPY OF THE DOCUMENT NO.5950/2004 OF CHALAKUDY SUB REGISTRY. EXT.P5 TRUE COPY OF THE STATEMENT IN THE ACCOUNT NUMBER 742113691 OF PETITIONER. EXT.P6 TRUE COPY OF THE REPRESENTATION DATED 25-8-2011 SUBMITTED TO THE 1ST RESPONDENT. EXT.P7 TRUE COPY OF THE REPRESENTATION DATED 3-9-2011 SUBMITTED TO THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS:- EXT.R1(a): COPY OF THE REQUEST DATED 29/07/2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.R1(b): COPY OF THE LETTER DATED 18/08/2011 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.R1(c): COPY OF THE LETTER OF UNDERTAKING DATED 22/08/2011 SUBMITTED BY THE PETITIONER. EXT.R1(d): COPY OF THE LETTER CONFIRMING EXTENSION OF EQUITABLE MORTGAGE DATED 14/08/2010 EXECUTED BY THE PETITIONER. //TRUE COPY// P.S. TO JUDGE rs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 24722 OF 2011 ----------------------------------------------------- Dated this the 13th day of October, 2011 J U D G M E N T The writ petition has been filed, seeking a direction to the respondents to release the property covered by Ext.P4 which has been offered as security for the loan account covered by Ext.P5. When this writ petition came up for orders before this court on 4th October, 2011, this court took note of the submission on behalf of the respondent that the Bank will look into the issue raised by the petitioner regarding the release of the property, taking note of the sufficiency of security to be retained for clearing other loans availed of by him. Accordingly the matter was examined and the Bank has already issued a letter accepting the request of the petitioner. The learned Standing Counsel appearing for the Bank also submitted that if the petitioner clears the overdue amounts due towards the other loans, the Bank will favourably consider W.P.(C) No. 24722 OF 2011 :2 : the request made. 2. In the light of the submissions made I dispose of the writ petition leaving it open to the petitioner to clear the overdue amounts due towards other loans and the outstanding amount in so far as the loan in question is concerned and direct that thereupon, the Bank will release the security as sought for by the petitioner. The writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge