IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 WP(C).No. 8576 of 2010(V) ------------------------- PETITIONERS: --------------- 1. J.BALAMMAL, W/O.EDISON, PRADEEPAM, ROHINI SADANAM, VELLANAD P.O., THIRUVANANTHAPURAM-695543. 2. PRAKASH @ JOHN PRAKASH, S/O.EBENEZER, JOY NIVAS, VALIYARA MURI, VELLANAD P.O., THIRUVANANTHAPURAM-695543. BY ADV. SRI.ANIL K.NARENDRAN RESPONDENTS: --------------- 1. THE CENTRAL BANK OF INDIA, REGIONAL OFFICE, P.B.NO.98, GOPAL BUILDINGS, THYVILA ROAD, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS AUTHORISED OFFICER & REGIONAL MANAGER. 2. THE SENIOR MANAGER,CENTRAL BANK OF INDIA RISHIMANGALAM BRANCH, G.H.JUNCTION, THIRUVANANTHAPURAM-695001. 3. V.S.BALASUBRAMANIAM, PROPRIETOR, M/S.POLIMER HOUSE, PLOT NO.10, INDUSTRIAL ESTATE, UZHAMALACKAL, NEDUMANGAD,THIRUVANANTHAPURAM-695541 4. VINOROY A.S., VINO VIHAR, VELLANAD POST, THIRUVANANTHAPURAM-695543. BY ADV. MR. DEVAN RAMACHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 8576 OF 2010 ......................................................................... Dated this the 23rd March, 2010 J U D G M E N T The petitioners are before this Court mainly challenging the steps taken by the respondent Bank seeking to realise the amounts stated as due from the 3rd respondent, who is the principal borrower, in respect of whose liability security interest is stated as created over the property belonging to the petitioners, which actually was pursuant to the fraud played by the respondents 3 and 4, acting hands in glove with each other and also with a collusive attempt involving the concerned Branch Manager , who is now stated as under suspension. It is also stated that because of the fraud stated as committed, the petitioner has already filed Ext. P7 complaint before the police, which led to registration of Crime, as borne by Ext.P8 (copy of FIR). The case of the petitioner is that the property was actually belonging to the first petitioner who had executed a 'Settlement Deed' in favour of the 2nd petitioner, who is the adopted son of the first petitioner reserving her life interest, which was also subsequently released in favour of the second petitioner, as per W.P.(C) No. 8576 OF 2010 2 Ext.P2 (Release Deed), thus making the second petitioner the absolute owner of the property in question. The factual position is revealed from Exts.P3 and P4 Encumbrance Certificates. The learned Counsel for the petitioner submits that the factum of execution of Settlement Deed and relinquishment of rights was probably not known to the 4th respondent, who is a relative of the first petitioner and a friend of the third respondent, the principal borrower . It is at the instance of the 4th respondent that the first petitioner was taken to the respondent Bank and caused to execute some documents. Without knowing the contents of the documents, the first petitioner executed the records at the instance of the 4th respondent and the fraud was revealed only when the petitioners received the notice regarding the coercive steps taken by the respondent Bank, submits the learned Counsel. . 2. Heard the learned Counsel appearing for the respondent Bank as well, who submits that the outstanding liability , as on date, is around Rs.11,11,600/-. 3. The learned Counsel for the petitioners submits that the petitioners are ready and willing to satisfy the entire outstanding W.P.(C) No. 8576 OF 2010 3 liability, so as to save the property and then to proceed against the respondent Nos. 3 and 4, in accordance with law. 4. In the above circumstances, the petitioners are permitted to clear the said liability within a period of 45 days, as sought for, either in lump sum or by way of 'two' equal installments. Subject to this, all revenue recovery proceedings shall be kept in abeyance. It is also made clear that on satisfying the entire liability as above, the respondent Bank shall hand over the 'Title Deeds' and such other records to the petitioners forthwith. This will be without prejudice to the rights and liberties of the petitioners to proceed against the respondent Nos. 3 and 4, in accordance with law . Since this Court has not expressed anything on merits, no notice is intended to be issued to the respondent Nos. 3 and 4. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk