Madras High CourtWP/15508/2012disposed of

Mr.Kamal Basha, v. Reserve Bank Of India,

2021-07-16Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.07.2021

CORAM:

THE HON'BLE MR.JUSTICE R.MAHADEVAN Writ Petition Nos.15508 and 15509 of 2012 Mr.Kamal Basha Proprietor of Kamal Steel Corporation 50, old No.63 Sembudoss street Mannady, Chennai-600 001.

... Petitioner in W.P.No.15508/2012 M/s.Thoufiq Steel Corporation Represented by its Partners Mr.K.Mohamed Thoufiq Sultan Ms.Maideenisha, No.8 (old No.37) Jones street, Mannady Chennai-600 001.

... Petitioner in W.P.No.15509/2012 Vs 1.Reserve Bank of India Through its Chief General Manager Fort St. George, Chennai-600 009.

2.The Assistant General Manager Kotak Mahindra Bank Ltd.

4th floor, No.21 "Kotak Infinit RC - 45"

Off Western Express Highway General AK Vaidya Marg Dindoshi, Malad (E) Mumbai - 400 097.

3.The Chief Manager Kotak Mahindra Bank Ltd.

Parrys Branch Second Line Beach Road Chennai-600 001.

... Respondents in both WPs.

Common Prayer : Writ petitions filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the 1st respondent to ensure that the respondents 2 and 3 comply with the provisions of Section 21(3) read with Section

35A of the Banking Regulation Act, 1949 for cancellation of the redeemed mortgage and consequently, return the title deeds of the secured property of the petitioners situated at Ernavoor Village, Thiruvottiyur Town.

In both WPs.

For Petitioners : Mr.T.Natarajan for M/s.Aiyar and Dolia For R1 :

No appearance For R2 and R3 :

Mr.A.V.Radhakrishnan C O M M O N O R D E R These writ petitions are filed to issue a mandamus, directing the 1st respondent to ensure that the respondents 2 and 3 comply with the provisions of Section 21(3) read with Section 35A of the Banking Regulation Act, 1949 for cancellation of the redeemed mortgage and consequently, return the title deeds of the secured property of the petitioners situated at Ernavoor Village, Thiruvottiyur Town.

2.Today, when these matters were taken up for consideration, the learned counsel for the respondents 2 and 3 filed a memo dated 14.07.2021 stating that on 09.08.2012, the 3rd respondent has handed over the original title deeds to the petitioners and the same was duly acknowledged by the petitioners and hence, nothing survives for adjudication herein.

3.The submissions so made by the learned counsel for the respondents 2 and 3 have been fairly conceded by the learned counsel for the petitioners.

4.Recording the submissions made by the learned counsel for the respondents 2 and 3 as well as the memo dated 14.07.2021, these writ petitions are dismissed as infructuous. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar kj

To 1.Reserve Bank of India Through its Chief General Manager Fort St. George, Chennai-600 009.