Mr.P.Loganathan v. The Chief Manager,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.02.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.Loganathan .. Petitioners
Versus
1. The Chief Manager, Indian Bank Head Office, 254-260, Avvai Shanmugam Salai, Pudupet, Gopalapuram, Chennai - 600 014.
2. The Manager, Indian Bank, 173, Kovai Main Road, Kavundampalayam, Kadaiyur Branch, Kangayam Taluk, Tiruppur - 638 701.
3. The Chief Manager, RELIANCE ARC-INB Retail Portfolio Trust (2013), 9th Floor, Building No.2, R-Tech Park, Nirlon Compound, Next to Hub Mall, Cama Industrial Estate, Goregaon, 1/5
Mumbai, Maharashtra - 400 063.
.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the respondents 2 and 3 to return original title deeds and revenue records mentioned in Schedule - I of the Memorandum of Deposit of Title Deeds, dated 09.01.2007 registered as document No.72 of 2007 on the file of Sub-Registrar, Kangeyam and consequently cancel the same, within a time frame as stipulated by this Court.
For Petitioner : Mr.Sam Jayaaraj Houston For Respondents : Mr.K.Kalyanaraman, for RR-1 and 2
ORDER
This Writ Petition is filed directing the respondent Nos.2 and 3 to return original title deeds and revenue records mentioned in Schedule - I of the memorandum of deposit of title deeds, dated 09.01.2007 registered as Document No.72 of 2007 on the file of the Sub-Registrar, Kangeyam and consequently, to cancel the same within the time frame as stipulated by this Court.
2. When the matter is taken up for admission, Mr.K.Kalyanaraman, 2/5
learned Counsel, taking notice on behalf of the bank, would submit that in this case, original application was filed by the bank before the Debts Recovery Tribunal, Coimbatore and even a recovery certificate was issued in the matter. However, in view of the settlement, when the respondent bank approached the Debts Recovery Tribunal, the original documents that were filed in the Tribunal along with the original application, were misplaced and only subsequently, they were traced out. On an application by the bank, only recently i.e., on 20.02.2025, the Debts Recovery Tribunal, Coimbatore ordered the return of the documents. The respondent bank will collect the same as soon as possible and execute the No Objection Certificate and take steps to cancel the mortgage.
3. In view thereof, recording the above and directing the respondent bank to complete the transaction as expeditiously as possible, in any event, not later than six weeks from the date of receipt of a web-copy of this order without waiting for a certified copy of this order, this Writ Petition is 3/5
disposed of. There shall be no order as to costs. 24.02.2025 : no grs To
1. The Chief Manager, Indian Bank Head Office, 254-260, Avvai Shanmugam Salai, Pudupet, Gopalapuram, Chennai - 600 014.
2. The Manager, Indian Bank, 173, Kovai Main Road, Kavundampalayam, Kadaiyur Branch, Kangayam Taluk, Tiruppur - 638 701.
D.BHARATHA CHAKRAVARTHY, J.
grs 4/5
24.02.2025 5/5