Shanti Swaroop Sharma And ANR v. The Bank Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17976 of 2015 ===========================================================

1. Shanti Swaroop Sharma

2. Shakti Swaroop Sharma Both are sons of Late Shiv Sawroop Sharma R/o Mohalla- Chaturbhuj Thakur Lane, P.S.- Kalambag Road, District- Muzaffarpur. .... .... Petitioners

Versus

1. The State Bank of India through its Chairman, Nariman Point, Mumbai

2. The Regional Manager, State Bank of India, Regional Business Office-I, Pune

3. The Chief Manager State Bank of India, Bund Gardn Branch, 22 Doongursee Park, Bund Garden Road, Pune- 411001

4. The Assistant General Manager, State Bank of India, Muzaffarpur.

5. The Chief Manager, State Bank of India, M.I.T. Branch Muzaffarpur. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh, Adv. Mr. Surinder Kumar, Adv.

For the Respondents : Mr. Satya PrakashTripathy =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 04-08-2017 Heard learned counsel for the petitioners and learned counsel for the Bank.

In this case, limited grievance has been made by the petitioner that while taking the loan from the State Bank of India, M.I.T. Branch, Muzaffarpur for the purposes of purchasing the flat at Pune he submitted the title document by executing the mortgage the property of Pune flat, at Bund Garden Branch, Pune, of State Bank of India.

Patna High Court CWJC No.17976 of 2015 dt.04-08-2017 2/2 Learned counsel for the petitioner submits that the petitioner has liquidated all outstanding dues and as on today there is no outstanding dues against the petitioner, even then the authorities are not returning the original sale deed, which is lying with the Bank.

If the petitioner has already liquidated the outstanding dues, there is no reason for the authorities why they are refusing to return the documents.

In such view of the matter, this Court directs the Chief Manager, State Bank of India, M.I.T. Branch, Muzaffarpur to return the documents to the petitioner within a period of four weeks from the date of receipt/production of a copy of this order. With the aforesaid observations and directions, this writ application is disposed of.

(Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.

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