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Madras High CourtWP/38251/2025disposed of with direction

M.Manoj Kumar v. The Managing Director

2025-10-10Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-10-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI M.Manoj Kumar Petitioner(s) Vs

1. The Managing Director Corporate Office No 254-260 Avvai Shanmugam Salai, Royapettah, Chennai 600 014 2.The Manager Indian Bank, Coonoor Branch The Nilgiris 643 101 Respondent(s) PRAYER; This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to consider the representation dated 09.09.2024 and consequently, direct the 2nd respondent to execute deed of cancellation of the Memorandum of Deposit of Title Deeds dated 30.03.2015, bearing doc No. 3223/ 2015 registered on the file of the SubRegistrar office, Singanallur, Coimbatore and consequently, and direct 2nd respondent to return the Original Title Deeds, within in a time frame fixed by this Honble Court

For Petitioner(s):

Mr.Adithya Varadarajan For Respondent:

Mrs.Rita Chandrasekar for M/s.Aiyar & Dolia

ORDER

This petition has been filed seeking a direction to the 2nd respondent to consider the representation dated 09.09.2024 and consequently, direct the 2nd respondent to execute deed of cancellation of the Memorandum of Deposit of Title Deeds dated 30.03.2015, bearing doc No. 3223/ 2015 registered on the file of the Sub-Registrar office, Singanallur, Coimbatore and consequently, direct 2nd respondent to return the Original Title Deeds.

2. It is the case of the petitioner that he availed a housing loan from the second respondent to a tune of Rs.34,00,000/- by mortgaging his property. The petitioner has deposited the original title deeds and executed a memorandum of deposits of title deeds (MOTD) in favour of the second respondent dated 30.03.2015. Due to default in repayment of loan, his loan account was classified as Non-Performing Asset (NPA). The second respondent bank had filed a petition in OP.No.372/2017 before the DRT, Coimbatore for recovery. Subsequently, the petitioner had paid entire amount and no due certificate was issued in favour of the petitioner. Therefore, the petitioner made a representation on 09.09.2024 to the respondent for release of original title deed and the same is not considered. Hence, the present writ petition.

3. The learned counsel for the petitioner submitted that this Court may direct the respondents to consider and pass orders on the petitioners representation and also direct the respondent to return the original title deeds to the petitioner within the stipulated time as fixed by this Court.

4. The learned Standing Counsel appearing for the respondent submitted that if the petitioner has paid the entire dues, the respondent will return the original title to the petitioner.

5. Heard the learned counsel for both side and perused the materials available on record.

6. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this court directs the second respondent to return the original document to the petitioner, if he paid the entire amount, within a period of four weeks from the date of receipt of a copy of this order.

7. With the above directions, the writ petition is disposed of. No costs. 10-10-2025 rli

M.DHANDAPANI J.

rli Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Managing Director Corporate Office No 254-260 Avvai Shanmugam Salai, Royapettah, Chennai 600 014 2.The Manager Indian Bank, Coonoor Branch The Nilgiris 643 101 10.10.2025

10-10-2025