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Calcutta High CourtWPA/24534/2016disposed

Sushma Mittal v. Uco Bank & ORS

2023-08-01Hon'Ble Justice Shekhar B. Saraf2 pages

S/L 11 01.8.2023 Court No.26 SD WPA 24534 of 2016 Sushma Mittal Vs.

UCO Bank & Ors.

Mr. M. Ahmed ... for the Petitioner.

Mr. Sailesh Mishra ... for the UCO Bank.

This is an application under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by the inaction on the part of the respondent authorities in not returning the IGR that was pledged with the bank at the time of taking of loan.

Counsel appearing on behalf of the respondent-bank has submitted that the IGR was lost and accordingly, complaint had been lodged with the police station on February 24, 2016. Accordingly, they are unable to provide the IGR to the petitioner though the petitioner is entitled to receive the IGR from them.

He further submits that an application may be made, in terms of the Registration Act before the Registrar concerned based on the above information provided by the bank, by the petitioner.

I have heard counsel appearing on behalf of the parties and I am of the view that the petitioner should file an appropriate application before the District Sub-Registrar, Howrah for providing the title deed as per the rules and regulations.

District Sub-Registrar, Howrah is directed to act and hand over the title deed to the petitioner in accordance with law within a period of six weeks from the date of application of the same.

With these observations, WPA 24534 of 2016 is disposed of.

There will be no order as to costs.

All parties are to act on the website copy of this order. (Shekhar B. Saraf, J.)