Mrs. Jayashree Rajaram Santh vs M/S. PNB Housing Finance Co. Ltd. — Bombay HC (2026) — LawSathi Research

Mrs. Jayashree Rajaram Santh vs M/S. PNB Housing Finance Co. Ltd. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the Registrar (Judicial) to hand over to the applicant all original documents relating to Flat No. 104, situated on the first floor of MHADA Complex at Plot No. 36, Hissa No. 263, RCS-2, Malwani, Malad, Mumbai - 400 095, deposited in his custody by the respondents, on such terms and conditions as the Court deems fit and proper.

Issue for consideration

Whether the Registrar (Judicial) should be directed to hand over to the applicant the original documents pertaining to the property (Flat No. 104, MHADA Complex, Malwani, Malad, Mumbai - 400 095) deposited in his custody by the respondents.

Court's answer

The applicant (original petitioner) paid the entire amount under the consent terms, resulting in full and final settlement of the demands made by the respondent-finance company, and it is the applicant who would be entitled to benefit in respect of the property in question.

Ratio / Principle

Accordingly, there is no impediment in directing that the original documents concerning the said property be handed over to the applicant.

Key takeaways

The interim application is allowed in terms of prayer clause (a): the Registrar (Judicial) is to hand over to the applicant all original documents relating to Flat No. 104, situated on the first floor of MHADA Complex at Plot No. 36, Hissa No. 263, RCS-2, Malwani, Malad, Mumbai - 400 095, deposited in his custody by the respondents, on such terms and conditions as the Court deems fit and proper.ratio¶27

Detailed headnote1 paragraphs

Bombay High Court, Civil Appellate Jurisdiction - Interim Application No. 6807 of 2025 in Writ Petition No. 5747 of 2017 (Mrs. Jayashree Rajaram Santh v. M/s. PNB Housing Finance Co. Ltd.), decided 9 April 2026 (Manish Pitale and Shreeram V. Shirsat, JJ.). The applicant, the original petitioner in a writ petition disposed of on consent terms dated 16 June 2022 (under which she paid the entire balance amount to the respondent-finance company, resulting in full and final settlement of dues), sought a direction to the Registrar (Judicial) to hand over the original documents of Flat No. 104, MHADA Complex, Plot No. 36, Hissa No. 263, RCS-2, Malwani, Malad, Mumbai - 400 095, deposited by the respondents. The respondent raised no objection, noting only that the loan was availed by the borrower and the applicant could be said to be a third party. Held: since the applicant paid the entire amount resulting in full and final settlement and is the person entitled to benefit in respect of the property, there is no impediment in directing handing over of the original documents to her; application allowed in terms of prayer clause (a).

bipin prithiani

1

903-ia-6807.25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 6807 OF 2025

IN

WRIT PETITION NO. 5747 OF 2017

Mrs. Jayashree Rajaram Santh

… Applicant

Versus

… M/s. PNB Housing Finance Co. Ltd. Respondent

Adv. Bhagyashri Mangale i/by Adv. E. A. Sasi for the Applicant. Mr. Prafull Chipte i/by Ms. Medha Rane for Respondent.

CORAM : MANISH PITALE AND SHREERAM V. SHIRSAT, JJ. DATE : 9^th APRIL 2026

P.C. :

. On the last date of listing, we had called upon the learned counsel for the respondent-finance company to take instructions with regard to the prayer made on behalf of the applicant (original petitioner) in this application.

By the said prayer, the applicant is seeking a direction to the Registrar (Judicial) for handing over original documents pertaining to the property, the details of which have been stated in the prayer in this application.

The learned counsel for the respondent-finance company submits that it has no objection to the prayer being granted, but the loan was availed by the borrower and the applicant can be said to be a third party.

In this context, the learned counsel for the applicant invited attention of this Court to consent terms dated 16^th June 2022, on the

2

bipin prithiani

903-ia-6807.25.doc

basis of which the writ petition was disposed of. In the said consent terms, it is recorded that the applicant paid the entire balance amount to the respondent-finance company, resulting in full and final settlement of the dues payable to the said respondent.

It is the case of the applicant that the borrower would not necessarily be concerned with the matter as he defaulted and thereafter, did not take any steps in the matter.

We are of the opinion that since the applicant (original petitioner) indeed paid the entire amount resulting in full and final settlement of the demands made by the respondent-finance company and it is the applicant, who would be entitled to benefit in respect of the property in question, there should be no impediment in directing handing of the original documents, concerning the said property, to the applicant herein.

In view of the above, the application is allowed in terms of prayer clause (a), which reads as follows :

(a) This Hon’ble Court may be pleased to issue appropriate order and direction thereby directing the Registrar (Judicial) of this Hon’ble Court to handover all the original documents relating to the Flat No. 104, situated on the first floor of MHADA Complex at Plot No.36, Hissa No. 263, RCS-2, Malwani, Malad, Mumbai – 400 095, which are deposited in the custody of the Registrar (Judicial), by the Respondents, to be handed over to this Applicant on such terms and conditions as this Hon’ble Court may deem fit and proper.

(SHREERAM V. SHIRSAT, J.)

(MANISH PITALE, J.)

BIPIN Digitally signed byBIPIN DHARMENDER DHARMENDER PRITHIANI PRITHIANI Date: 2026.04.1010:50:31 +0530