IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 WP(C).No. 33843 of 2010(E) -------------------------- PETITIONER: --------------- AJIT MENON, S/O.LATE NARAYANANKUTTY C.P. @ NARAYANANKUTTY MENON C.P. "SAI VANDAN: C-1,RATAN APARTMENTS,T.D.WEST SANNADHI ROAD, ERNAKULAM, COCHIN 682 035. BY ADV. SRI.N.SUBRAMANIAM SRI.M.S.NARAYANAN SRI.P.T.GIRIJAN SMT.USHA NARAYANAN RESPONDENTS: --------------- 1. THE ALLAHABAD BANK BRANCH REPRESENTED BY MANAGER, OLD THEVARA ROAD, ERNAKULAM -682 018. 2. ALLAHABAD BANK (HO)REPRESENTED BY GENERAL MANAGER, PERSONNEL ADMINISTRATION DEPARTMENT, TERMINAL DUES SECTION HEAD OFFICE-2, NETHAJI SUBHASH ROAD, CALCUTTA 700001. BY ADV. MR. JACOB P. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33843 of 2010(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF DOCUMENT NO. 4584/1981 OF THE SRO ERNAKULAM. EXT.P2 TRUE COPY OF THE DEATH CERTIFICATE OF C.P. NARAYANANKUTTY MENON EXT.P3 TRUE COPY OF DEATH CERTIFICATE OF C. KAMALAMMA. EXT.P4 TRUE COPY OF THE ORDER OF DIVORCE OF MUTUAL CONSENT IN O.P. 723/1999 OF THE HON'BLE FAMILY COURT, ERNAKULAM. EXT.P5 TRUE COPY OF DOUBLE DEPOSIT PLAN RECEIPT ISSUED BY THE RESPONDENT BANK EXT.P6 TRUE COPY OF THE NO DUES CERTIFICATE ISSUED BY THE RESPONDENT BANK EXT.P7 TRUE COPY OF THE LETTER ISSUED BY THE MOTHER OF THE PETITIONER TO T HE RESPONDENT BANK EXT.P8 TRUE COPY OF REPLY SENT BY BANK EXT.P9 TRUE COPY OF LETTER ISSUED BY THE PETITIONER TO THE RESPONDENT BANK EXT.P10 TRUE COPY OF LAWYER NOTICE CAUSED TO BE ISSUED BY PETITIONER EXT.P11 TRUE COPY OF LETTER ISSUED BY THE PETITIONER AND HIS MOTHER TO THE RESPONDENT BANK EXT.P12 TRUE COPY OF REPLY ISSUED BY THE RESPONDENT BANK. /true copy/ P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 33843 OF 2010 ......................................................................... Dated this the 10th February, 2011 J U D G M E N T The Writ Petition is filed mainly seeking for a writ of mandamus directing the respondents to return the original of the document No. 4584/1981 dated 02.11.1981 deposited by late C.P. Narayanankutty Menon, the father of the petitioner with the respondent Bank creating an equitable mortgage in favour of the Bank. It is stated that the loan amount has already been satisfied. 2. The learned Counsel for the petitioner submits that there is absolutely no case for the respondent Bank that any outstanding amount is still to be paid from the part of the borrower in connection with the loan transaction, which position is very much discernible from Exts. P6 and P12. The learned Counsel appearing for the respondent Bank submits, on instruction, that the prayer of the petitioner can be allowed; that the only apprehension of the Bank is as to any probable claim by some or other legal heirs of the deceased and hence that the W.P.(C) No. 33843 OF 2010 2 petitioner might be directed to execute an 'indemnity bond' to meet the situation. 3. The learned Counsel for the petitioner submits that the petitioner is the sole legal heir and there is nobody else. However, it is also stated that the petitioner is ready and willing to execute an 'indemnity bond' to meet the requirement as now pointed out from the part of the respondent Bank . 4. Accordingly, the Writ Petition is disposed of, directing the petitioner to execute an indemnity bond to the satisfaction of the respondent Bank forthwith in the form to be provided from the part of the Bank, within two weeks from the date of receipt of a copy of the judgment. On executing the 'indemnity bond' , the title deeds, along with the other records, if any, submitted by the party concerned at the time of availing the loan, shall be returned to the petitioner within one week from the date of submission of the Bond. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk