Sooriya Hospital v. M/S. Kotak Mahindra Bank Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.05.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN M/s.Sooriya Hospital (Firm) Represented by its Managing Partner Chellappan Pillai Sreekumar No.1, Arunachalam Road Saligramam, Chennai-600 093.

... Petitioner Vs.

1.

M/s.Kotak Mahindra Bank Ltd., Asset Reconstruction Division 5th Floor, Samson Towers No.402 L, Pantheon Road Egmore, Chennai-600 008.

2.

The Recovery Officer Debt Recovery Tribunal-II Shastri Bhavan Chennai-600 006.

... Respondents PRAYER:

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Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, to direct the 2nd respondent i.e., the Recovery Officer, DRT-II, Chennai to release to the petitioner, the original sale deed dated 30.05.1991 bearing Document No.850 of 1991 on the file of the Joint-I, Sub Registrar, Palayamkottai, Tirunelveli - 627 002.

For Petitioner : Mr.Hariharan .E For Respondents : Mr.Ilayaraja for R1 *****

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.) Heard the learned counsel for the petitioner and the learned counsel for the first respondent Bank.

2. The claim of the first respondent has been settled in full. This is evident from the memo dated 18.10.2024 filed by the first respondent Bank before the Debt Recovery Tribunal-II, Chennai. Therefore, the petitioner is entitled to return of the petition mentioned document from the custody of the second respondent. The second respondent is directed to return the petition mentioned document-in-original in terms of the Page No.: 2 of 4

memo filed by the first respondent Bank to the petitioner. This writ petition is allowed accordingly. There shall be no order as to costs.

(G.R.S., J.) (V.L.N., J.) 14.05.2025 mk / Maya Index : Yes/No : Yes/No Speaking order / Non-Speaking order To 1.

M/s.Kotak Mahindra Bank Ltd., Asset Reconstruction Division 5th Floor, Samson Towers No.402 L, Pantheon Road Egmore, Chennai-600 008.

2.

The Recovery Officer Debt Recovery Tribunal-II Shastri Bhavan Chennai-600 006.

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G.R.SWAMINATHAN , J.

and V.LAKSHMINARAYANAN , J.

Maya 14.05.2025 Page No.: 4 of 4