N.Suresh v. Bank Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.07.2023 CORAM : JUSTICE N.SESHASAYEE and WMP.No.18534 of 2023 1.N.Suresh 2.N.Umesh 3.N.Prakash 4.A.Narmadha .... Petitioners Vs Bank of India Purasaiwalkam Branch Rep by its Principal Officer & Constituted Attorney 89-93, Purasaiwalkam High Road Chennai -10.
.. Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to return the original title deeds vide registered as Document No.1648/1949 pertaining to property at No.13, Natesa Mudali Street, Ambattur, Chennai - 600053. For Petitioners : Mr.A.Arokia Satheesh For Respondent : Mr.Nirmal Roy Sanjeevi 1/4
ORDER
The petitioners herein seeks release of his title documents with M/s.Bank of India as concerning the property at No.13, Natesa Mudali Street, Ambattur, Chennai - 600 053.
2. The petitioners had availed a loan from the respondent-Bank and regarding the repayment, a dispute arose, which finally landed before the Debts Recovery Tribunal-III in O.A.No.41/2007, and a favourable order is directed to be passed by the Debts Recovery Tribunal. This proceedings concluded on 18.12.2014, and ever since, the petitioner is requesting the Bank to part with the documents.
3. Heard Mr.Nirmal Roy Sanjeevi, learned counsel appearing for the respondent-Bank. He makes a statement on instructions that the documents will be released at the very earliest.
4. It is a shocking display of arrogance of the Bank that it retained the title documents of the petitioners almost for ten years now. The respondent 2/4
Bank is directed to release the title deed of the petitioner bearing No.1648/1949, pertaining to the property at No.13, Natesa Mudali Street, Ambattur, Chennai - 600 053, forthwith.
5. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.
Post the matter for reporting compliance on 28.07.2023. 18.07.2023 Index : Yes / No Internet : Yes / No ds Note : Issue order copy on 18.07.2023 3/4
N.SESHASAYEE.J., ds 18.07.2023 4/4