Petitioner, whose re-payed loan collateral documents were retained by a bank, filed a writ petition. Court directed the bank to return original documents upon production of this order.
Petitioner directed to approach bank with attested copy of order to secure return of original documents deposited by him.
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Court No. - 39
Case :- WRIT - C No. - 17962 of 2021
Petitioner :- Dr. Shahid Qabbum Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shahnawaz Akhtar Counsel for Respondent :- C.S.C.,Sandeep Kumar Singh
Hon'ble Manoj Kumar Gupta,J. Hon'ble Deepak Verma,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State.
The grievance made in the writ petition is that the sale deed which was deposited by the petitioner with the respondentsBank at the time of taking loan has not been returned to him, albeit the loan having been re-paid in the year 2013.
Sri Sandeep Kumar Singh, learned counsel for the respondentbank, on instructions from the respondent-bank, states that bank has been able to search out the sale deed and now the petitioner may approach the bank and obtain the same on any working day.
Having regard to the statement made by learned counsel for the respondents-bank, we dispose of the writ petition by providing that the petitioner may approach the respondent-bank with true attested copy of the instant order and in which event, the bank shall return the original documents deposited by the petitioner with the bank.
(Deepak Verma, J.) (Manoj Kumar Gupta, J.)
Order Date :- 3.9.2021 SKD
2 issues framed by the court
Whether the bank is compelled to return mortgage documents after loan repayment.
Whether a writ petition is maintainable for the return of recorded documents.
Dr. Shahid Qabbum
State Of U.P.
Manoj Kumar Gupta
Deepak Verma
As recorded by the court registry
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