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Madras High CourtWP(MD)/2507/2021disposed of

Sakthi Mohan v. The Indian Bank

2021-03-12Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.P.(MD)No.2507 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI W.P.(MD)No.2507 of 2021 (Through Video Conferencing) Sakthi Mohan : Petitioner Vs.

1.The Indian Bank Rep. by its Branch Manager, Asset Recovery Management Branch (ARMB) No.55 Ethiraj Salai Zonal Office Building, Wellington Estate, Egmore, Chennai.

2.The Manager, Asset Recovery Company of India (ARCIL) 1G, 1st Floor, century Plaza Teynampet, Annasalai Chennai.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus directing the respondents to return the original title deeds of the property comprised in S.No.344/1 situated at Enapuram Ulkadai, Vallani Village, Paiyur Pillaivayal, Vaniyangudi Panchayat, Sivagangai Taluk, Sivagangai District to the petitioner within a time frame stipulated by this Court.

For Petitioner : Mr.S.I.Muthiah For Respondent : Mr.M.V.Manibabu for R2

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Heard the learned counsel for the petitioner and the learned counsel for the respondent No.2. Despite notice served and name printed, none appears for the respondent No.1.

2. The learned counsel for the petitioner, as acknowledged by the learned counsel for the respondent No.2, submitted that there https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.2507 of 2021 are certain subsequent developments. The amount due has been paid to the satisfaction of the respondent No.1. The respondent No.1 has also filed a memo expressing its full satisfaction. The memo filed on 09.03.2021 was disposed of on that date before the Debts Recovery Tribunal II, Chennai. However, the respondent No.2 also stated that the documents are with the respondent No.1 and the facts as stated by the learned counsel for the petitioner are true.

3. In such view of the matter, we direct the respondent No.1 to return the documents under its custody belonging to the petitioner in pursuant to the memo filed before the Debts Recovery Tribunal II, Chennai, leading to the closure of the application filed. The needful will have to be done within two weeks from the date of receipt of a copy of this order.

4. The writ petition stands closed accordingly. No costs. Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) RR Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

+1 CC to M/s.M.V.MANIBABU, Advocate ( SR-11228[F] dated 15/03/2021 ) +1 CC to M/s.S.I.MUTHIAH, Advocate ( SR-11402[F] dated 16/03/2021 ) W.P.(MD)No.2507 of 2021 Dated: 12.03.2021 SSS(CO) KK(26.03.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2