Partly allowed

M/S Ram Bhajan Surendra Kumar v. State of U.P. and Another

Allahabad HC29 Sept 2020WRIC/14197/2020

Case brief

AI extract

What is this about?

Petitioner sought a writ to return title deeds mortgaged for a loan already repaid but not returned by the bank. The court directed the bank to pass a speaking order on the prayer regarding the return of deeds within 12 weeks, requiring disclosure of any impediments.

What did the court decide?

Direction to the bank to pass a speaking order on the prayer for return of title deeds within 12 weeks, disclosing reasons for any impediment.

M/S Ram Bhajan Surendra Kumar Vs State of U.P. and… — Property and Title | Allahabad HC (2020)

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Court No. - 35

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Case :- WRIT - C No. - 14197 of 2020

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Petitioner :- M/S Ram Bhajan Surendra Kumar

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Respondent :- State of U.P. and Another

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Counsel for Petitioner :- Vinay Kumar Tripathi

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Counsel for Respondent :- C.S.C.,Rahul Sahai

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.

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The petitioner admits that he had taken a loan from the then Allahabad Bank Branch Civil Lines, Govind Ganj, District Shahjahanapur (now amalgamated with the Indian Bank). The bank in order to secure the loan had taken on mortgage land belonging to the petitioner. The entire loan amount has been repaid but the title deeds are not being returned and hence the instant writ petition.

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Counsel for the petitioner submitted that the petitioner had approached the Chief Branch Manager praying for return of the title deeds but the same have not been returned so far. He submitted that in case, any amount is still due, the petitioner is ready to deposit the same but a direction be issued to the concerned bank to apprise the petitioner of the same.

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It is mentioned in the application dated 27.7.2020 filed by the petitioner before the bank that the title deeds were in deposit in the court of IInd Additional Civil Judge, Shahjahanpur in Case No. 333 of 1985. It is also mentioned in the said application that now no case is pending. Learned counsel for the petitioner also made a statement that no case is pending before any court at the present moment.

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Learned counsel for the bank submitted that the return of title

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deeds would involve ascertainment of various issues which could only be done in the first instance by the bank itself.

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Having regard to the submissions made, we dispose of the petition with a direction to the bank to pass a speaking order in respect of the prayer of the petitioner for return of title deeds. In case, there is any impediment in returning the title deeds, the reason therefor shall be disclosed in the order to be passed by the bank. The aforesaid exercise shall be completed within a period of twelve weeks from the date of receipt of a true attested copy of the instant order along with a fresh application.

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Order Date :- 29.9.2020

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Pratima

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(Dr.Y.K.Srivastava,J.) (Manoj Kumar Gupta, J.)

M/S Ram Bhajan Surendra Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

M/S Ram Bhajan Surendra Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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