IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 WP(C).No. 17294 of 2008(H) ------------------------------------ PETITIONER: ------------------- K.HAMSA, S/O.ALIPPU, AGED 44 YEARS, KUNNATHU HOUSE, PARAL, THOOTHA P.O., PERINTHALMANNA, MALAPPURAM. BY ADV. SRI.BINOY VASUDEVAN RESPONDENTS: ---------------------- BANK OF INDIA, REPRESENTED BY ITS MANAGER, OTTAPALAM BRANCH. BY ADV. SRI.DEVAN RAMACHANDRAN FOR RESPONDENT SRI.SUMESH KUMAR N.C. FOR RESPONDENT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17294 of 2008(H) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT BANK DATED 29.04.2008. EXT.P2 - TRUE COPY OF ORDER NO. 15669/H1/2008/RD DATED 10.03.2008. EXT.P3 - TRUE COPY OF THE RECEIPT NO. 66007 OF THE VILLAGE OFFICER, AALIPARAMBU. EXT.P4 - TRUE COPY OF THE RECEIPT NO. 66483 ISSUED BY THE VILLAGE OFFICER, AALIPARAMBU. EXT.P5 - TRUE COPY OF THE RECEIPT NO. 67562 ISSUED BY THE VILLAGE OFFICER, AALIPARAMBU. EXT.P6 -TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIIONER BEFORE THE RESPONDENT ON 02.05.2008. /TRUE COPY/ PA TO JUDGE RHS S.SIRI JAGAN, J ================== W.P(C)No.17294 of 2008 ================== Dated this the 18th day of August, 2008. J U D G M E N T The petitioner is a defaulter in repayment of loan amounts due to the respondent. As security for the amounts due, the petitioner had given a fixed deposit for Rs.75,000/-. The petitioner's contention now is that since the respondents has initiated recovery proceedings and there are sufficient other security to cover the loan amounts, the respondents may be directed to release the fixed deposit to the petitioner. 2. I have heard the counsel for the respondent also, who opposes the same. According to him, the fixed deposit is security for repayment of loan amounts, which cannot be released to the petitioner unless and until the petitioner pays off the entire amounts due as per the loan agreement. 3. After hearing both sides, I am inclined to agree with the respondent. The fixed deposit is given as security for the loan amounts. Whether other security is sufficient W.P(C)No.17294 of 2008 - 2 - to cover the amounts due is a matter which is for the respondent to decide. This court cannot direct the Bank to release their security when admittedly the loan account has not been settled. As such, I do not find any merit in this writ petition and accordingly, the writ petition is dismissed. S.SIRI JAGAN, JUDGE rhs