V.Jayabalan v. State Bank Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.25130 OF 2021 Mr.V.Jayabalan ... Petitioner Vs.

1. M/s.State Bank of India MRL Branch, CPCL Campus, Manali, Chennai - 600 068.

2. M/s.State Bank of India Retail Assets Central Processing Centre, Ayyappanthangal, Chennai - 600 056.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus in the demand notice issued by the second respondent vide loan Account No.31032583154 dated 02.02.2021 and quash the same as illegal and consequently directing the first and second respondents to return the original documents belongs to petitioner as per his representation dated 25.09.2021 without insisting further payment.

For Petitioner :

Mr.P.Manikannan For Respondents :

M/s.S.R.Sumathi Standing Counsel

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus in the demand notice issued by the second respondent vide loan Account No.31032583154 dated 02.02.2021 and to quash the same as illegal and to consequently

direct the respondents 1 and 2 to return the original documents belonging to the petitioner as per his representation dated 25.09.2021 without insisting further payment. 2.The case of the petitioner is that the petitioner availed housing loan of a sum of Rs.28,92,000/- from the first respondent on 08.01.2010 and the same was repayable in 120 equal installments. The petitioner paid the entire amount, however, the respondents instead of returning the original documents, demanded a further sum of Rs.4,96,862/- for releasing the title documents. Hence, the petitioner made representation to the first respondent requesting to return the original title documents and since there was no response, the petitioner issued legal notice. Even thereafter, there is no response. Hence, the petitioner has filed this writ petition.

3.The learned counsel appearing for the petitioner would submit that the petitioner has paid the entire loan amount without any default, however, the second respondent has issued the impugned demand notice which is not sustainable one. The learned counsel would further submit that without going into the merits of the case, this Court may permit the petitioner to produce the appropriate documents before the second respondent for proving the repayment of the entire loan amount and issue direction to the second respondent to pass appropriate orders after perusing such documents.

4.The learned Standing Counsel appearing for the respondents would submit that as against the impugned demand notice, no writ petition will lie and the remedy available to the petitioner is to approach the authorized person of the second respondent with appropriate form.

5.The facts in the present case is not in dispute. Admittedly, the the petitioner availed housing loan of a sum of Rs.28,92,000/- from the first respondent on 08.01.2010 and the same was repayable in 120 equal installments. The petitioner claim that he has repaid the entire amount without any default, however, the second respondent has issued the impugned demand notice.

6.In view of the above, this Court permits the petitioner to approach the second respondent with appropriate proof for repayment of the loan amount along with appropriate reply within a period of one week from the date of receipt of a copy of this order and if any such reply is received from the petitioner along with appropriate proof for repayment of the loan amount, the second respondent shall consider the same and pass appropriate orders within a period of two weeks thereafter.

7.The writ petition is disposed of with the above terms. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar pri To

1. M/s.State Bank of India MRL Branch, CPCL Campus, Manali, Chennai - 600 068.

2. M/s.State Bank of India Retail Assets Central Processing Centre, Ayyappanthangal, Chennai - 600 056.

+1cc to Mr.P.Manikannan, Advocate, S.R.No.60905 W.P.No.25130 of 2021 AD(CO) RLP(05/01/2022)