IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
S.MURALIDHARAN NAIR, PRIYA – Appellant
Versus
KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE) – Respondent
| Table of Content |
|---|
| 1. petitioners seek return of secured documents. (Para 1) |
| 2. respondent argues ongoing liabilities impact document return. (Para 2 , 3) |
| 3. court directs return of specified documents while affirming existing liens. (Para 4) |
J U D G M E N T
The 1st petitioner is a subscriber of various chits from the 1st respondent herein. As regards the chits subscribed by him as above and advances received, he had offered guarantees in the form of landed properties by mortgaging the title deeds. The 2nd petitioner had independently obtained certain credit facilities in chits subscribed from the 1st respondent herein, and with respect to the said facilities, the 1st petitioner was the guarantor. With reference to the credit facilities obtained by the 2nd petitioner as above, the 1st petitioner had offered certain properties owned by him as security. The documents with reference to the afore properties were also deposited with the 1st respondent herein. The petitioners state that the chit subscribed by the 2nd petitioner – Chit No. RCL 1143 – having been fully paid off and discharged, the documents offered as security for the afore credit facility require to be returned to him. When suc
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