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2010 Supreme(Ker) 612

P.R.RAMACHANDRA MENON
Santhamma – Appellant
Versus
Authorised Officer – Respondent


Advocates appeared:For the Petitioner:M. Ramaswamy Pillai, Advocate. For the Respondent:R.S. Kalkura, Advocate.

Judgment :

1. The issue involved in this case is, whether the petitioner/guarantor is entitled to have the title deed returned in respect of the particular loan transaction, which has been admittedly closed, but retained at the hands of the respondent Bank referring to the liability of the petitioner as a guarantor to the other transactions as well; thus bringing in the doctrine of banker's lien.

2. The sequence of events as narrated in the Writ Petition shows that, the petitioner is one of the Directors of the Company by name M/s Hotel Amrita (P) Ltd. On the strength of the property offered as security, the Company had availed two different loans of Rs. 20 lakhs and another sum of Rs. 25 lakhs (a total sum of Rs. 45 lakhs) from the respondent Bank, creating security interest over the property. Subsequently, in view of the pressing needs another sum of Rs. 18,70,000/- was provided as loan to the Company, for which yet another property of 54 cents belonging to the petitioner was offered creating security interest over the same on 23.03.2007. The Company turned to be a defaulter, pursuant to which, the accounts were declared as 'NPA' and the Bank proceeded with steps under the SARFAES






















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