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2022 Supreme(Online)(KER) 24238

HIGH COURT OF KERALA
P. G. Ajithkumar, J
KURIEN E KALATHIL – Appellant
Versus
THE FEDERAL BANK LTD., – Respondent


JUDGMENT

The above writ petition is filed with following prayers:

“(i) Issue a writ of certiorari or any other appropriate writ, order or direction, quashing the original of Ext.P6.

(ii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing or compelling the respondents to release the amount covered in Ext.P3 to the petitioner forthwith.

(iii) Issue such other order/direction as this Honourable Court deems fit and proper under the circumstances of this case”.

2. The petitioner had availed loan from the first respondent bank and the bank had also executed bank guarantee in favour of the KSEB for the contract work done by the petitioner. After the work was completed the original documents pertaining to the petitioner's property which was mortgaged to the bank was not released. Hence, the petitioner approached this Court by filing W.P. (C) No. 4190/2020 which was disposed as per Ext.P2 judgment. Pursuant to the same, though the original documents were returned, the prior documents were not returned. Towards the loan amount, there was One Time Settlement reached between the petitioner and the bank as per Ext.P1. As per One Time Settlement, it is the case of

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