E.B.PREMANATHAN NAIR Vs. JOINT REGISTRAR

JUDGEMENT

(1.) Recovery proceedings are on against the petitioners who are allegedly guarantors to a credit facility availed by respondents 3 and 4 in WP(C) No.18173 of 2014 from the Kunnathunadu Taluk Primary Co-operative Agricultural and Rural Development Bank. Immovable property belonging to the petitioners is claimed to have been mortgaged to secure the credit facility.

(2.) According to the petitioners, in connection with the loan transaction that the petitioners had with Senthil Kumar, the third respondent in W.P.(C) No.18173 of 2014, some papers were signed and the title deeds handed over. The petitioners have not availed nor intended to avail any facility from the Bank and have not signed in any loan documents. The petitioners have initiated criminal proceedings against the said respondent alleging forgery and cheating. While so, recovery proceedings were initiated by the Bank and the mortgaged property was sought to be put for sale. Thereupon, WP(C) No.18173 of 2014 was filed.

(3.) The petitioners preferred a complaint dated 22.01.2016 before the Joint Registrar voicing the grievance that the petitioners have not availed any credit facility nor have they stood as guarantors and that the records are fabricated. This Court as per judgment dated 03.07.2019 in WP(C) No.7868 of 2018 directed the concerned Registrar to consider the compliant after hearing the affected parties. As per Ext.P5 order, the Registrar held that there is no merit in the complaint. It is aggrieved thereby that W.P(c) No.14013/2020 is filed.