IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 W.P.(C).No. 3687 of 2008(L) --------------------------------- PETITIONER: ------------- P.DINESH, S/O.KARUNAKARAN, AGED 55 YEARS, PROPRIETOR, PERFECT DIES & TOOLS, RESIDING AT ACHATH HOUSE, KOTTANAD, PALAKKAD DISTRICT. BY ADV. SRI.M.K.ABOOBACKER SRI.MANSOOR.B.H. RESPONDENT: --------------- THE MANAGER, CANARA BANK, ATHANI SSI BRANCH, VADAKKANCHERRY. BY ADV. SRI. P. GOPINATHA MENON, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 3687 OF 2008 L = = = = = = = = = = = = = = = = Dated this the 8th April, 2008. J U D G M E N T The prayer sought for in this writ petition is for directing the respondent bank to release the documents deposited by the petitioner. According to the petitioner, though he has discharged the liabilities due, the bank has declined to release the documents. The instruction of the respondent is that financial assistance has been extended to the petitioner under the scheme to which 65% of the amount has been advanced by the bank, while 25% is advanced by the Small Industries Development Bank of India, a Government of India undertaking. It is submitted that the petitioner's contribution is only 10%. According to the bank, the mortgage covers the liability that is due to SIDBI as well and the petitioner has not cleared the dues to the SIDBI to the tune of Rs.3,45,229/- plus interest. 2. Petitioner has no case that the liability to SIDBI has been cleared. If that be so, since the mortgage covers that liability as well W.P.(C) No. 3687 OF 2008 - 2 - the bank cannot be expected to release the documents to the petitioner at this stage. In view of this, the order sought for by the petitioner cannot be granted. Writ petition fails and is dismissed. ANTONY DOMINIC JUDGE jan/-