High Court of KeralaWP(C)/23791/2015disposed of

V.R.Jayalatha v. Union Bank Of India

2015-08-06Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 6TH DAY OF AUGUST 2015/15TH SRAVANA, 1937 WP(C).No. 23791 of 2015 (Y) ---------------------------- PETITIONER :

----------------------- V.R.JAYALATHA, W/O.A.P.PARAMESWARAN, ACHARYAPURACKAL HOUSE, POST ELATHUR, KOZHIKODE, PIN -673 303.

BY ADVS.SRI.MANJERI SUNDERRAJ SRI.M.SANJEEVE RESPONDENT :

------------------------- THE UNION BANK OF INDIA, KOZHIKODE BRANCH, REP. BY ITS CHIEF MANAGER, UNION BANK, CHEROOTY ROAD, KOZHIKODE, PIN -673 032.

BY SRI.A.S.P.KURUP, SC, UBI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 23791 of 2015 (Y) ------------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1TRUE COPY OF JUDGMENT IN WP(C) NO.34389 OF 2011 PASSED BY THIS HON'BLE COURT P2TRUE COPY FO THE PAYMENT VOUCHER DATED 30.12.2011 FOR RS 1,00,000/- BEFORE THE TIME FIXED IN THE EXT.P1 JUDGMENT. P3TRUE COPIES OF CREDIT NOTES 10 IN NUMBER (1) DATED 1.2.2012, (2) DATED 1.3.2012 (3) DATED 3.4.2012; (4) DATED 2.5.2012; (5) DATED 1.6.2012;

(6) DATED 2.7.2012; (7) DATED 1.8.2012; (8) 3.9.2012; (9) 3.10.2012; AND (10) 5.11.2012 RS.32,000/- ARE PRODUCED WHICH WOULD SHOW THAT THE 10 INSTALLMENTS PRESCRIBED WERE ALL PAID AS SCHEDULED. RESPONDENT(S)' EXHIBITS:

NIL ----------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

A. MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P(C). No. 23791 of 2015 ------------------------------------------- Dated this the 6th day of August, 2015

J U D G M E N T

The petitioner has approached this Court with the following prayers:

"(A) Writ of Mandamus directing the Officials of the Respondent bank to issue Loan discharge certificate without delay within a time frame fixed by this Hon'ble Court;

(B) In the event of any further amount remaining still and lawfully due and payable by the petitioner to the respondent bank, direct the Respondent Bank to specify the amount and fix a time for payment thereof by the Petitioner; and (C) to issue any other writ or appropriate direction as this Honourable Court deems fit in all the circumstances of the case."

It is submitted by the petitioner that, he has paid the entire amount as ordered by this Court in Ext.P1 judgment, therefore he is entitled for the reliefs in this writ petition. 3.

Learned counsel for the Bank submits that the petitioner is liable to pay interest accrued with respect to the instalment facility and other incidental expenses. 4.

In that view of the matter, the Bank is directed to furnish detailed split up statement of accounts to the petitioner

WP(c). No.23791 of 2015 within two weeks. Thereafter, on payment of the amount demanded by the petitioner, the Bank shall release all the documents to the petitioner and also issue a Discharge Certificate, if so wanted .

This writ petition is disposed of.

Sd/- A. MUHAMED MUSTAQUE, JUDGE.