IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 WP(C).No. 23070 of 2004(U) -------------------------------------- PETITIONER(S): ---------------------- 1. B.NALINAKSHI AMMA, VILAYIL VEEDU, KALLUMTHAZHOM, KOLLAM -4. 2. N.MADHAVAN PILLAI, VILAYIL VEEDU, KALLUMTHAZHOM, KOLLAM - 4. BY ADVS. SMT.V.JISHA RANI SRI.V. BHASKARAN PILLAI SMT.LEELA SRI. B.VINOD RESPONDENT(S): ------------------------- 1. THE PUNJAB NATIONAL BANK, REP. BY ITS BRANCH MANAGER, PUNJAB NATIONAL BANK, KOLLAM CHAMAKKADA BRANCH, CHAMAKKADA, KOLLAM. 2. THE KARNATAKA BANK LIMITED, REP. BY ITS BRANCH MANAGER, KARNATAKA BANK - KOLLAM BRANCH, AANDAMUKKOM, KOLLAM. R1 BY ADV.SRI.P.K.RAVINDRAN PUZHANKARA ,SC R2 BY ADV. SRI.P.SHRIHARI SMT.P.VANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C) NO. 23070/2004-U APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE BIRTH CERTIFICATE OF GAYATHRILAKSHMI ISSUED BY THE REGISTRAR OF BIRTH AND DEATH,KOLLAM MUNICIPALITY DATED 18/7/1989. P2 COPY OF THE BIRTH CERTIFICATE OF SITHARA ISSUED BY THE REGISTRAR OF BIRTH AND DEATH, VARKALA MUNICIPALITY DATED 2/5/1992. P3 COPY OF THE BIRTH CERTIFICATE OF SAI KRISHNAN ISSUED BY THE REGISTRAR OF BIRTH AND DEATH KOLLAM MUNICIPALITY DATED 18/4/1995. P4 COPY OF THE DEATH CERTIFICATE OF SRI. GOPALAKRISHNA PILLAI DATED 23/12/2003. P5 COPY OF THE LICENSE ISSUED BY THE KOLLAM CORPORATION COUNCIL FOR 2003-2004. P6 COPY OF THE COMPROMISE PROPOSAL DATED 29/7/2004 ISSUED BY THE FIRST RESPONDENT. P7 COPY OF THE SSI CERTIFICATE OF GEEKAY PAINTS AND CHEMICALS DATED 3/5/1989 ISSUED TO GOPALAKRISHNA PILLAI. P8 COPY OF THE LOAN PASS BOOK IN LOAN ACCOUNT NO.35/2002. P9 COPY OF THE PERFORMA OF THE LIC WHEREIN ASSIGNMENT. P10 COPY OF THE NOTARIZED DECLARATION. P11 COPY OF THE REPRESENTATION DATED 22/7/2004 FILE BY THE PETITIONERS BEFORE THE BRANCH MANAGER OF THE SECOND RESPONDENT. RESPONDENT EXHIBITS: NIL /TRUE COPY/ P.S.TO. JUDGE sts ANTONY DOMINIC, J. ---------------------------------------------- W.P.(C) NO.23070 OF 2004 (U) ----------------------------------------------- Dated this the 4th day of November, 2010 J U D G M E N T Petitioners are the parents of late Gopalakrishna Pillai, who had died in a motor accident on 3.12.2003. Sri. Gopalakrishna Pillai had certain liabilities to respondents 1 and 2. Pleadings show that towards the security of the loan availed of from the 2nd respondent, Sri. Gopalakrishna Pillai had deposited his Insurance Policy. The case of the petitioners is that, on the death of the insured, the 2nd respondent had realized from the LIC an amount of Rs.7.28 lakhs. According to the petitioners, after adjusting this amount towards the liability, the Bank was retaining excess amounts. 2. In so far as the liability that the deceased owed to the first respondent Bank is concerned, as per Ext.P6 dated 29.7.2004, the Bank had intimated that they are willing to settle the loan liability by accepting Rs.7.75 lakhs, provided it is paid before 15th August, 2004. As the petitioners had no other source to settle the liability of their deceased son, they made Ext.P11 request to the 2nd respondent Bank to transfer the excess WPC.No. 23070/04 :2 : amounts available in the account of the deceased to the first respondent Bank. That request was not considered and therefore the writ petition was filed. 3. The first prayer in the writ petition is to direct the 2nd respondent to transfer the excess amount held by them to the secured debtor of late Gopalakrishna Pillai in the first respondent bank in Account No.300095. In so far as this prayer is concerned, this court by order dated 10.8.2004 directed the 2nd respondent to transfer the excess amount to the aforesaid account within one week from date of production of a copy of that order. Therefore the first prayer stands satisfied. 4. The 2nd prayer in the writ petition is to direct the 2nd respondent to continue the terms of Ext.P6 where they had accepted to settle the liability of the deceased by accepting Rs.7.75 lakhs. In so far as this prayer against the first respondent Bank is concerned, evidently this relief could have been urged by the petitioners only if the excess amount is transferred and the same is sufficient to discharge the entire liability. Otherwise, necessarily the petitioners should have made up the shortage to get the benefit of Ext.P6. Therefore, the only direction that is WPC.No. 23070/04 :3 : possible in this respect is that, as on the date when the excess amount was received from the first respondent, if the petitioners have paid the full amount due, the first respondent shall settle the liability of the deceased. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/