IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 WP(C).No. 23530 of 2010 (M) -------------------------- PETITIONERS: --------------- 1. DR.O.T.VASANTHA, AGED 51 YEARS, W/O.LAKSHMANAN, SRIRAM NIVAS, OTHAYANMADOM, P.O.CHERUKUNNU, KANNUR DISTRICT. 2. O.T.KRISHNA DAS, AGED 46 YEARS, S/O.PRABATH KUSUMAN, SRIRAM NIVAS, OTHAYANMADOM, P.O.CHERUKUNNU, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENTS: --------------- 1. THE CHIEF MANAGER/AUTHORIZED OFFICER, STATE BANK OF TRAVANCORE, KANNUR MAIN BRANCH, FORT ROAD, KANNUR. 2. STATE BANK OF TRAVANCORE, KANNUR MAIN BRANCH, FORT ROAD, KANNUR, REPRESENTED BY ITS CHIEF MANAGER. BY ADVS. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C.K.ABDUL REHIM, J. -------------------------------------- W.P.(C).No.23530 of 2010 -------------------------------------- Dated this the 6th day of September, 2010 J U D G M E N T ---------------------- Grievance voiced by the petitioners is that, inspite of repayment of entire loan amount, as demanded under Exts.P1 & P2 notices, the respondent Bank is not closing the account and returning the title deeds of the properties pledged with them in order to create the mortgage. A statement was filed on behalf of the respondent Bank in which it is mentioned that the amount remitted by the petitioners pertains to arrears due as on 31.3.2010 and a sum of Rs.33,563.32/- and Rs.37,004.38/- are due in the two separate accounts as on 31.7.2010, after adjusting all the remittances made. According to the Bank, these are amounts legally due, being interest accrued subsequent to 31.3.2010. The respondent Bank had also produced a statement of accounts as per Annexure R1(a) & R1(b) showing credit of all the remittances made. 2. Learned counsel for the petitioners, referring to the statement of accounts produced, points out that the W.P.(C).23530/10-M -2- computation of interest is not true and correct and that excessive interest and other charges have been added. I am afraid that an adjudication is not at all possible with respect to correctness of the amounts outstanding in a loan account, in this proceedings under Article 226 of the Constitution of India. It is for the petitioners to point out discrepancies or calculation mistakes if any, to the appropriate authority of the respondent Bank. I find no reason to presume that if any genuine mistake is pointed out, the respondents will not consider it. 3. Under the above circumstances reserving liberty to the petitioners to approach the appropriate authority in the respondent Bank to seek remedies regarding rectification of mistakes if any occurred in computing the arrears in the loan account, the writ petition is dismissed. Needless to say that if any such approach is made by the petitioners, the appropriate authority in the respondent Bank shall consider the same and give a reply thereof to the petitioners, before proceeding with further steps. C.K.ABDUL REHIM, JUDGE. okb