N U KURUP Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) These Original Petitions have come up before us upon a reference by a learned Single Judge (Mr. Justice K.M. Joseph) who was of the view that the Division Bench of this Court which decided the case in Mohandas v. Bank of India ILR 2005 (3) Kerala 476 had not considered the rulings of the Apex Court in Bank of India v. Swaranakar AIR 2003 SC 858 : 2003 (1) KLT (SC)(SN) 136 and Punjab and Sindh Bank v. S. Ranveer Singh Bava and Ors. AIR 2004 SC 2334.

(2.) We heard Adv. Sri. V. Rajendran, the learned Counsel appearing for the petitioners and Adv. Sri. A.S.P. Kurup, the learned Counsel appearing for the Union Bank of India.

(3.) The case of the petitioners can be summarised as follows: