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High Court of KeralaWP(C)/21608/2015disposed of

Manikandan A v. Branch Manager

2015-08-11Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 11TH DAY OF AUGUST 2015/20TH SRAVANA, 1937 WP(C).No. 21608 of 2015 (A) ---------------------------------------- PETITIONER(S):

---------------------- MANIKANDAN A, AGED 40 YEARS, S/O.ARUNACHALA MUDALIYAR, KAMALASHI AMMAN KAVILPADY, PAZHAMBALAKODE, PALAKKAD DIST.

BY ADV. SRI.BABY MATHEW RESPONDENT(S):

------------------------- BRANCH MANAGER, CANANRA BANK, PAZHAMBALAKODE, PALAKKAD DISTRICT- 678001.

BY SRI.PAULY MATHEW MURICKEN,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 21608 of 2015 (A) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1.

TRUE COPY OF THE GOLD LOAN TICKET DATED 6/8/2012. EXT.P2.

TRUE COPY OF THE LOAN SETTLEMENT DATED 21/12/2012. EXT.P2(A).

TRUE COPY OF THE LOAN SETTLEMENT DATED 21/12/2012. EXT.P3.

TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE REGIONAL MANAGER.

EXT.P4.

TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT DATED 17/02/2015.

EXT.P5.

TRUE COPY OF THE AUCTION NOTICE ISSUED BY THE RESPONDENT DATED 25/06/2015.

EXT.P6.

TRUE COPY OF THE AUCTION NOTICE ISSUED BY THE RESPONDENT DATED 13/07/2015.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.21608 of 2015 ****************************************************************************** Dated this the 11th day of August, 2015

JUDGMENT

The petitioner challenging auction sale proceedings initiated by the Bank to sell the gold ornaments pledged by him, has approached this Court. This Court adjourned the sale on 17.7.2015 on condition that the petitioner remits Rs.20,000/- to the respondents on or before 24.7.2015. It appears that the petitioner has only remitted Rs.10,000/- after the date given by this Court. 2.

It appears that the petitioner has liability under the vehicle loan and a suit was filed by the Bank and they obtained a decree. The petitioner submits that he is entitled to release the gold as and when he deposits the entire amount. 3.

Learned counsel for the Bank submits that the gold cannot be released to the petitioner as the Bank has a lien.

4. This Court is of the view that the question of lien need not be decided now.

W.P.(C) No.21608 of 2015 2 Considering the facts and circumstances, the petitioner shall be permitted to discharge the entire liability in gold loan account in six equal monthly instalments starting from 5.9.2015 onwards. If the petitioner commits default in remitting anyone of the instalments, the Bank is free to proceed against the petitioner in accordance with law.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln