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2025 Supreme(Online)(Ker) 57815

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM, J
M V RAJENDRAN – Appellant
Versus
THE MANAGER, STATE BANK OF INDIA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.V.SETHUNATH, SHRI.THOMAS ABRAHAM, SHRI.SREEGANESH U., SHRI.LAKSHMINARAYAN.R, SHRI.GAUTHAM KRISHNAN K.G.
For the Respondents: SHRI.JAWAHAR JOSE

JUDGMENT

Dated this the 11th day of December, 2025

1. Petitioners are husband and wife. They filed this Writ Petition seeking a declaration that the first respondent Bank has no authority to retain the original documents of the petitioners after the closure of a loan account and further seeking a direction to the respondents to release the title deeds of the petitioners immediately.

2. According to the petitioners, the loan was closed on

30.06.2025, and a closure certificate was issued by the Bank as per Ext.P2. Thereafter, Ext.P3 registered letter was also sent directing the 1st petitioner to approach the A.G.M. of the Bank to obtain the title deeds.

3. The Bank has filed a Counter Affidavit as well as an Additional Counter Affidavit opposing the prayers in the Writ Petition, contending that Exts.P2 and P3 were issued by mistake; that in fact the loan was written off in the accounts of the Bank as stated therein but the title deeds could not be released as the loan liability is not settled by the petitioners. The petitioners have filed a Reply Affidavit also, controverting the contentions in the Counter Affidavit.

4. I heard Sri. V. Sethunath, the learned Counsel for the petitioners,

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