IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 17802 of 2011(A) -------------------------- PETITIONER(S): ------------------------- P.M.SALEEM,S/O.MOHAMMED, CHOOLAKKAPARAMBIL HOUSE,P.H.ROAD,ERNAKULAM, KOCHI-18. BY ADV. SRI.T.H.ABDUL AZEEZ RESPONDENT(S): ------------------------ THE ASSISTANT GENERAL MANAGER,STATE BANK OF INDIA,FIRST FLOOR, VANKAARATH TOWERS, BYE PASS JUNCTION,RACPC, ERNAKULAM-682024. ADV. SRI.R.S.KALKURA, SC FOR BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.17802/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: PHOTOCOPY OF THE LETTER DATED 3.6.2011. EXT.P2: PHOTOCOPY OF THE LETTER DATED 13.6.2011. EXT.P3: PHOTOCOPY OF THE AGREEMENT DATED 10.9.2008 EXECUTED in the MEDIUM TERM LOAN. EXT.P4: PHOTOCOPY OF THE REPRESENTATION DATED 15.6.2011. EXT.P5: PHOTOCOPY OF THE ACKNOWLEDGEMENT CARD SIGNED BY THE RESPONDENT. EXTS. OF RESPONDENT ANNEXURE R(a): A PHOTOCOPY OF THE FORM B LETTER DATED 11.3.2009 EXECUTED BY THE PETITIONERS. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 17802 OF 2011 ===================== Dated this the 28th day of July, 2011 J U D G M E N T According to the petitioner, he had availed of a housing loan for `14,77,526/- in the year 2007. He closed the loan in 2011, which fact is not a matter of dispute. However, when he requested for return of the title deeds, that was refused by the Bank on the ground that his son had availed of an education loan. It is contending that he having discharged the liability under the housing loan account, the Bank has the obligation to return the documents deposited as security thereof, this writ petition is filed seeking appropriate direction in that behalf. 2. A statement has been filed by the standing counsel on behalf of the respondent, para 4 of which reads as under:- “The petitioner and his wife had availed a housing loan from the respondent, for an amount of Rs.15,32,000/- as per Account No.30217684265 in 2007. Prior to that, an Educational Loan was availed by the petitioner and his daughter, C.S.Thasnim, from the respondent for an amount of Rs.300,000/- in 20/12/2006. The Housing Loan account was running highly irregularly and was finally closed after the institution of SARFAESI proceedings by the respondent. During the subsistence of the Housing loan account the petitioner and his son, Mohammed Shafeeque applied for another Educational Loan in 2008, for WPC No.17802/11 :2 : an amount of Rs.3,40,000/- It was sanctioned on 4.10.2008, as per Account No.30708147925, subject to the condition of the equitable mortgage securing the Housing Loan would be extended to secure the 2nd Educational Loan also, in consideration of the defaults by the petitioner in respect of the Housing Loan Account. Though the condition was not present in the Memorandum of the 2nd Educational Loan (as per Condition No.6 of Ext.P3), the same was incorporated by the sanctioning authority before the disbursement of the 2nd Educational Loan. A Form B letter was submitted by the petitioner extending the equitable mortgage originally created as security against the Housing Loan, to the Educational Loan availed of by the petitioner and his son. A photocopy of the Form-B letter dated 11.3.2009 is produced herewith and marked as Annexure R(a). The petitioner has wilfully suppressed the execution of Annexure R(a), and the writ petition is liable to be dismissed on that ground alone”. 3. From the averments in para 4 and Annexure R(a), it is clear that the petitioner has agreed to extend the security offered for the housing loan towards security for the education term loan of `3,40,000/- as well. Petitioner does not have a case that the aforesaid liability of education loan has been discharged. If that be so, so long as Annexure R(a) remains in force, this Court will not be justified in granting the relief sought for. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp