P. Karuppanan v. K.J. Santhosh

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY in W.P(MD)No.21537 of 2022 P.Karuppanan ... Petitioner -vs1. K.J.Santhosh, The Authorized Officer/Chief Manager, Bank of Baroda, ROSARB Branch, 1st Floor, Sakthi Velammal Street, 10th Street, Ss Colony, Madurai-625016.

2. Ganapathy, The Branch Manager, Bank of Baroda, Madurai Main Branch, No.5, East Avani Moola Street, Madurai-625 001.

... Respondents PRAYER : Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents for the willful disobedience of this Honourable Court order dated 12-09-2022 passed

in WP(MD)No.21537 of 2022 and to direct the respondent to release the petitioner's mortgaged documents and to discharge his liabilities by the registered mortgage.

For Petitioner : Mr.R.Manickam For R2 : Mr.M.Prakash

O R D E R

[Order of the Court was made by S.S.SUNDAR, J.] Alleging non compliance of the order dated 12.09.2022 passed in WP(MD)No.21537 of 2022 and to direct the respondent to release the petitioner's mortgaged documents and to discharge his liabilities by the registered mortgage, this contempt petition is filed. 2.

Learned counsels for the petitioner as well as the respondent No.2 report that the respondent Bank has issued a No Dues Certificate dated 02.09.2023, stating that the loan account of the petitioner has been closed on 31.08.2023, after acknowledging the receipt of the amounts as directed by this Court in the above writ petition.

3.

Hence, recording the aforesaid submission, this Contempt Petition is closed. Since the loan account has been closed, the respondent bank is directed to return the petitioner's documents

which were handed over by the petitioner at the time of creating equitable mortgage.

[S.S.S.R, J.] [D.B.C., J.] 07.09.2023 Index : Yes / No bala

S.S.SUNDAR , J.

and D.BHARATHA CHAKRAVARTHY , J.

bala 07.09.2023