Chinson Colours, Rep.By Its - v. The Assistnt General Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2022

CORAM:

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and MP(MD)No.1 of 2013 Chinson Colours, Rep.by its Managing Partner C.Thanjgaraj ... Petitioner Vs

1. The Assistant General Manager, Small Industries Development Bank of India, Block Nos. 1 and 2, 1st Floor, Tirupur Regulated Market Complex, Palladam Road, Tirupur.

2. C.Velusamy

3. N.Pappathi @ Vellaimmal ... Respondents PRAYER :-Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the first respondent Bank to release the title deeds pertaining to the properties belonging to the petitioner Firm, without insisting upon the petitioner to bring all the legal heirs of deceased partner Arukkaniammal, as the loan amount was fully settled by the petitioner.

1/4

For Petitioner : Mr.S.Suresh For Respondents : Mr.J.Parekhkumar (R1, R3) Mr.S.Anwar Sameey(R2)

ORDER

The present Writ Petition is filed for a direction to the first respondent Bank to return the original title deeds of the petitioner's Firm, without insisting him to bring all the legal heirs of deceased partner Arukkaniammal.

2.The learned counsel appearing for the private respondents 2 and 3, on instructions, submits that the matter has been settled between the parties on 29.01.2019, in O.S.No.335 of 2015 on the file of Sub Court, Karur. Hence, the first respondent Bank has got no objection to return the original documents to the petitioner. The said statement is recorded.

2/4

3.In the result, this Writ Petition stands allowed and the first respondent is hereby directed to hand over all the original documents to the writ petitioner, within a period of eight weeks, from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. 21.07.2022 Index : Yes / No Internet : Yes/ No PNM 3/4

R.VIJAYAKUMAR , J.

PNM

ORDER

IN and MP(MD)No.1 of 2013 Date : 21.07.2022 4/4