M/S.Omega Cables Ltd., v. State Bank Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2022

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR W.P.No.23394 of 2017 & W.M.P.No.24497 of 2017 M/s Omega Cables Limited, rep. By its Director,Plot Nos.16 & 17, Ambattur Industrial Estate, Chennai -600 058 ... Petitioner

Versus

State Bank of India, rep. By its Assistant General Manager, Industrial Finance Branch, No.155, Anna Salai, Chennai - 600 002 ... Respondents Prayer: Writ Petition filed under Article 226 Constitution of India for issuance of a Writ of Mandamus directing the respondent-Bank to release the title documents pertaining to petitioner's property situated in Ambattur Industrial Estate, comprised in Survey Nos.209/P, 208/P, 210/P, 211/P, 212/P, 213/P, 214/P, 206/1, 205/P, 201, 202, 203, 204 and 207 of Mannurpet village and 12,13,16,23,17,18,19 part of Athipet village, including movable assets, in as much as the petitioner is entitled in law to the return of the original documents upon discharge of a mortgage and further direct payment of compensation of such amount for Page No.1 of 5

the delay in handover.

For Petitioner : Mr.Rahul Balaji For Respondent : Mr.M.L.Ganesh

O R D E R

The present Writ Petition is filed for issuance of a Writ of Mandamus directing the respondent-Bank to release the title documents pertaining to petitioner's property situated in Ambattur Industrial Estate, comprised in Survey Nos.209/P, 208/P, 210/P, 211/P, 212/P, 213/P, 214/P, 206/1, 205/P, 201, 202, 203, 204 and 207 of Mannurpet village and 12,13,16,23,17,18,19 part of Athipet village, including movable assets, in as much as the petitioner is entitled in law to the return of the original documents upon discharge of a mortgage and further direct payment of compensation of such amount for the delay in handover.

2. When the petition is taken up for hearing, the learned counsel for the petitioner submitted that the petitioner has filed the present Writ Petition for return of title documents by the respondent-Bank and subsequent to the filing of the Writ petition, the documents have been returned and hence the relief sought in this petition has become infructuous, thereby sought to permission to dismiss the present Writ Page No.2 of 5

Petition as infructuous.

3. In view of the submission and the endorsement dated 16.11.2022 made by the learned counsel for the petitioner, the present Writ Petition is hereby dismissed as infructuous. Consequently, connected miscellaneous petition is closed. No costs. 16.11.2022 Index: Yes/No Internet: Yes/No ssd To State Bank of India, rep. By its Assistant General Manager, Industrial Finance Branch, No.155, Anna Salai, Chennai - 600 002 .

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N.SATHISH KUMAR, J.

ssd W.P.No.23394 of 2017 & W.M.P.No.24497 of 2017 Page No.4 of 5

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