BHIMA JEWELLERS v. DHANLAXMI BANK
Court: High Court of Kerala
Bench: HONOURABLE SMT. JUSTICE P.V.ASHA
Judgment date:
Case summary
High Court of Kerala judgment dated 2020-12-22. BHIMA JEWELLERS v. DHANLAXMI BANK. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE SMT. JUSTICE P. V. ASHA TUESDAY, THE 22ND DAY OF DECEMBER 2020 / 1ST POUSHA, 1942 WP(C). No. 28942 OF 2020(P) PETITIONER: BHIMA JEWELLERS, JAFFERKHAN COLONY ROAD, OFF MAVOOR ROAD, KOZHIKODE-673 004, REPRESENTED BY MANAGING PARTNER, G. BALACHANDRA KIRAN. BY ADVS. SRI. SHYAM PADMAN SRI. C. M. ANDREWS SMT. BOBY M. SEKHAR KUM. LAYA MARY JOSEPH SRI. HARISH ABRAHAM RESPONDENTS: 1 DHANLAXMI BANK, RAM MOHAN ROAD, GOVINDAPURAM, KOZHIKODE, KERALA-673 016, REPRESENTED BY ITS MANAGER. 2 THE BANKING OMBUDSMAN, RESERVE BANK OF INDIA, BAKERY JUNCTION, THIRUVANANTHAPURAM-695 033. BY ADVS. SRI. MATHEW. J. NEDUMPARA SRI. P. VIJAYA RAGHAVAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22. 12. 2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C). No. 28942 OF 2020(P) JUDGMENT The writ petition is filed seeking the following reliefs: “i.
To direct the Banking Ombudsman to take up and pass appropriate order on Ext P7 petition by issuing a writ of mandamus, or any other appropriate writ, order, direction or command within a period as directed by this Hon'ble court. st ii. To direct the 1 respondent bank to release the property documents at the earliest for the smooth takeover of the cash credit facility by HDFC bank by issuing any appropriate order, direction or command. iii. To issue any such other writ, order or direction as this Hon'ble Court may deem fit and proper under the circumstances of the present case. iv. Grant such other relief that is prayed for and is deemed just and proper to grant in the interests of justice. v. Award the entire costs of the Petitioner. ” WP(C). No. 28942 OF 2020(P) 2. Sri. P. Vijayaraghavan, learned Standing st Counsel for the 1 respondent Bank submits that in case the petitioner remits a sum of Rs. 22,32,000/-, the title deeds would be released.
On such payment, the Bank would debit that amount to the account of the petitioner and close the account. This is recorded. If the petitioner has got any grievance or any dispute over the amount, the petitioner can raise it before the appropriate forum. The petitioner will be entitled to recover the same in accordance with law. Accordingly, the writ petition is disposed of. Sd/- P. V. ASHA JUDGE ww WP(C). No. 28942 OF 2020(P) APPENDIX PETITIONER'S EXHIBITS: TRUE COPY OF THE LETTER DATED 29. 9. 2020 NOTIFYING THE CANCELLATION OF THE CASH CREDIT FACILITY ISSUED BY THE PETITIONER TO THE RESPONDENT BANK. TRUE COPY OF THE LETTER DATED 5. 11. 2020 ISSUED BY THE PETITIONER TO THE RESPONDENT BANK NOTIFYING THE CLOSURE OF ALL OUTSTANDING AMOUNT IN FULL. TRUE COPY OF THE COMPLAINT LETTER ISSUED BY THE PETITIONER HIGHLIGHTING THE ILLEGAL DEBITS MADE BY THE RESPONDENT BANK. TRUE COPY OF THE REMINDER LETTER DATED 19. 11. 2020 ISSUED BY THE PETITIONER TO THE RESPONDENT BANK.
TRUE COPY OF THE ALLEGED CLARIFICATION LETTER DATED 19. 11. 2020 ISSUED BY THE PETITIONER TO THE RESPONDENT BANK. TRUE COPY OF THE ADDITIONAL CLARIFICATION LETTER DATED 24. 11. 2020 ISSUED BY THE PETITIONER TO THE RESPONDENT BANK. TRUE COPY OF THE COMPLAINT DATED 16. 12. 2020 FORWARDED BY THE PETITIONER TO THE 2ND RESPONDENT. TRUE COPY OF THE POSTAL RECEIPT DATED 16. 12. 2020.
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.