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2022 Supreme(Online)(KER) 43237

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
CITI FUEL SHOPPE – Appellant
Versus
INDIAN OVERSEAS BANK – Respondent


JUDGMENT

Petitioners seek for a direction to the Registrar of Debt Recovery Tribunal-II, Ernakulam for release of the title deeds of the properties over which a mortgage had been created in favour of the respondent bank. The title deeds kept as a mortgage were produced by the respondent bank in O.A.No.18/2015 renumbered as TA.No.969/2016 before the Tribunal and is hence in the custody of the Tribunal.

2. Petitioners allege that after the O.A was filed by the bank, negotiations took place and the matter was settled under a one time settlement scheme. The amounts due from the petitioners had been paid in its entirety and no further amounts remain due. The settlement effected in the dispute between the petitioners and the first respondent is evident from Ext.P1 judgment of this Court in WP(C).No.20271 of 2021. In the said judgment, this Court had directed the respondents to take expeditious steps for getting the title deeds released from the Tribunal.

3. Petitioners contend that due to the non-functioning of the Tribunal for the last few months, the first respondent is unable to obtain the title deeds as observed by this Court in Ext.P1 judgment, in the absence of a specific direction to

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