IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 CRP.No.810 of 2008 (D) ---------------------------- AGAINST THE ORDER DATED 25/06/2008 IN IA 4736/2007 IN OS.152/1998 of ADDL.SUB COURT, NORTH PARAVUR .................... REVN. PETITIONER/PLAINTIFF: ------------------------------------- THE CATHOLIC SYRIAN BANK, REPRESENTED BY ITS PUTHANVELIKKARA BRANCH MANAGER, PUTHANVELIKKARA, ERNAKULAM DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT/DEFENDANT: -------------------------------- SANTHOSH M.D.S/O. DEVASI, MALIYAKKAL HOUSE, ELANTHIKKARA, PUTHANVELIKKARA VILLAGE, ERNAKULAM DISTRICT. ADV. SRI.P.B.SAHASRANAMAN FOR R1 SRI.K.JAGADEESH FOR R1 SRI.T.S.HARIKUMAR FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 21/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ C. R. P. No.810 of 2008 ------------------------------------------------ Dated this the 21st day of November, 2008 ORDER The C.R.P is filed assailing the order dt.25/06/08 passed by the Additional Sub Judge, North Parur on I.A.4736/07 in O.S. 152/1998 directing the petitioner/Bank to return the title documents of the respondent withheld by them. 2. Counsel for the petitioner submits that more than Rs.25 lakhs is due from the respondent to the petitioner/bank as per the decree in O.S.155/98; that the decree is transferred for execution to the Debts Recovery Tribunal and is pending as O.A. 242/2007; that respondent has disposed of the properties, the title documents in relation to which had been hopothecated with the petitioner in connection with another loan availed which was subject matter in C. R. P. No.810 of 2008 -2- O.S.152/98; and that the documents are retained by the petitioner/bank exercising their right of lien to have the decree debt in O.S.155/98 also being realised. 3. The question as regards right of lien available to the bank was argued to some extent, but counsel for the petitioner submits that if the respondent pays at least a portion of the decree debt in O.S.155/98 pending before the D.R.T as O.A.242/07, they are prepared to return the documents hypothecated with them. Counsel for the respondent submits that the properties are already sold and it is only that they want to get back the documents which are retained by the petitioner/bank. In view of the submissions so made by the counsel for the respondent, it is clear that the respondent has come by funds which would enable him to discharge the debt at least in equity. It is only proper that in the C. R. P. No.810 of 2008 -3- circumstances, an order is passed modifying the order of the court below and directing the respondent to pay at least an amount of Rs.5 lakhs to the petitioner/bank towards the decree debt pending realisation, in O.A.242/07 on the file of the Debt Recovery Tribunal, Ernakulam. The petitioner/bank shall on receipt of an amount not less than Rs.5 lakhs return the title documents of the respondent/ judgment debtor without raising any further objections. 4. This C.R.P is thus, disposed of. K.P.BALACHANDRAN, JUDGE kns/-