IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 WP(C).No. 18537 of 2011(N) -------------------------- PETITIONER(S): ------------------------ GEORGE PHILIP, AGED 66 YEARS, S/O.PHILIPOSE, RESIDING AT DOOR NO.1/126, DC ROAD, FORT COCHIN, KOCHI, ERNAKULAM DISTRICT. BY ADV. SRI.ALIAS M.CHERIAN RESPONDENT(S): ------------------------- STATE BANK OF INDIA, ERNAKULAM BROADWAY BRANCH, ERNAKULAM, REPRESENTED BY ITS CHIEF MANAGER. ADV. SRI.JAICE JACOB FOR R SRI.R.S.KALKURA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.18537/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY COMPROMISE LETTER DT 14.9.2010. EXT.P2: TRUE COPY OF LETTER DATED 11.10.2010 EXT.P3: TRUE COPY OF LETTER DT 20.12.2010. EXT.P4: TRUE COPY OF NOTICE DT 31.12.2010. EXTS.OF R1 EXT.R1: I.ANO.732 OF 2011 IN OS NO.107/86 OF THE SUB COURT, KOCHI. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 18537 OF 2011 ===================== Dated this the 2nd day of August, 2011 J U D G M E N T Petitioner had availed of loans from the respondent Bank. Default was committed and a suit was filed by the Bank. Later the matter was settled between the parties by way of one time settlement and the petitioner paid the entire amounts due. However inspite of having made repeated requests, the title deeds deposited by the petitioner were not returned. That led the petitioner to file this writ petition with the prayer to direct the Bank to return the originals of deed No.693/1981 of Mattanchery Sub Registry Office and other documents which were deposited by him. 2. Respondent Bank has filed a counter affidavit. According to the Bank, the Bank had produced these documents before the Sub Court, Kochi where the Bank had filed OS No.107/1986 against the petitioner. It is stated that though application was made, the documents were not returned and therefore the delay. 3. Today on behalf of the Bank, a statement also has WPC No. 18537/11 :2 : been filed and in para 2 of the statement, it has been stated thus: “2. In the meantime, on enquiry with the registry of the Sub Court, Kochi, it is understood that the file containing the Original Title Deed is not yet retrieved from the records. It is not sure whether the title deed can be retrieved. Hence it is humbly submitted that the Bank is ready and willing to issue to the petitioner, in lieu of the Original, a certified copy of the title deed along with a letter stating facts and that the Bank has no claims/charge over the property of the petitioner”. Petitioner is satisfied with the offer now made by the Bank in para 2 of its statement. Therefore, I dispose of this writ petition directing that the Bank shall issue a certified copy as offered by it along with the letter stating that it has no claims or charge over the property covered by the document. It is further directed that, in the event the Bank gets the document back from the Court or elsewhere, the same shall be duly handed over to the petitioner. ANTONY DOMINIC, JUDGE Rp