Sri. Thatikonda Sudhakar v. Indian Overseas Bank

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE K.LAKSHMAN WRI T PETI TI ON NO.17096 OF 2019 ORDER: (per SK,J) The grievance of the petitioners is that the Indian Overseas Bank, Hanamkonda Branch, Warangal District, is not returning their original title documents and executing a registered Release Deed in their favour despite closure of their loan accounts. A consequential direction is sought to the respondent bank to do the needful in this regard. 2.

Despite service of notice on 21.08.2019, evidenced by the acknowledgment card filed by the learned counsel for the petitioners pursuant to the leave granted to him to effect personal service of notice upon the bank by registered post with acknowledgment due, the respondent bank did not choose to enter appearance before this Court. 3.

It is the case of the petitioners that they availed loan facilities from the bank under loan Account Nos.017303251200014 and 0173032513000018 and they cleared the entire outstanding dues in relation thereto. Copies of the loan account statements are placed on record.

4.

The claim of the petitioners that they cleared both the loan accounts in its entirety stands un-rebutted as the bank did not choose to come before this Court despite notice being served. 5.

In that view of the matter, the writ petition is disposed of directing the Indian Overseas Bank, Hanamkonda Branch, Warangal District, to verify as to whether the subject loans have been repaid in full and if so, the original title documents deposited by the petitioners shall be returned forthwith to them. The bank shall also execute a registered Release Deed

in favour of the petitioners in relation to both loan accounts. This exercise shall be completed expeditiously and in any event not later than two weeks from the date of receipt of a copy of this order. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ________________ SANJAY KUMAR,J _____________ K.LAKSHMAN,J Date:30.09.2019 GJ