Disposed¶31

Sumitra Devi & Anr. v. Govt of NCT of Delhi & Ors.

Delhi HC6 Feb 2025W.P.(C)/7007/2023

Case brief

AI extract

What is this about?

Return of original title documents; collateral security; loan discharged; Delhi Nagrik Sehkari Bank Ltd.; Registrar Co-operative Societies (RCS); NOC; certified copies untraceable; unregistered documents; General Power of Attorney and Will; Administrator (Ramesh Tiwari); W.P.(C) No.7921/2016 Anil Kumar Gaur v. Reserve Bank of India & Ors.; order dated 07.12.2016; CM 41039/2016 Sec.151 CPC; Registrar of Assurance; liberty to apply; writ petition disposed.

What did the court decide?

No direction for release of title documents issued; petitioners granted liberty to apply for return of title documents in W.P.(C) No.7921/2016, with any such application to be considered by the learned Single Judge notwithstanding the petitioners not being parties to that writ petition. ¶31

Sumitra Devi & Anr. Vs Govt of NCT of Delhi & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶31

Issue for consideration

Whether directions should be issued to respondent no.2/Registrar Co-operative Societies to release the original title documents of property WZ-148, Harijan Colony, Tilak Nagar to the petitioners, whose loan stands discharged, where the documents are untraceable/unregistered and are in the custody of an Administrator appointed under orders in W.P.(C) No.7921/2016.

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Court's answer

The Court declined to pass any direction for return of the title documents in the present petition, as the issue regarding return of title documents is the subject matter of orders passed in W.P.(C) No.7921/2016.

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Ratio / Principle

Liberty was granted to the petitioners to make an application for return of the title documents in W.P.(C) No.7921/2016; if made, such application shall be considered by the learned Single Judge notwithstanding that the petitioners are not parties to that writ petition.

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Detailed headnote1 paragraphs

Division Bench of the Delhi High Court disposed of a writ petition by borrowers (loan fully discharged on 05.07.2018) seeking directions to the Registrar Co-operative Societies to release original title documents of property WZ-148, Harijan Colony, Tilak Nagar, furnished as collateral to Delhi Nagrik Sehkari Bank Ltd. The documents were untraceable at the Sub-Registrar's office (documents other than the Will being unregistered) and were in the custody of an Administrator appointed by the Court in W.P.(C) No.7921/2016 (Anil Kumar Gaur v. Reserve Bank of India & Ors.) pursuant to the order dated 07.12.2016, which permits release only against certified copies from the Office of the Registrar of Assurance and an undertaking. Holding that the issue of return of title documents is the subject matter of the orders in W.P.(C) No.7921/2016, the Court declined to pass release directions and granted the petitioners liberty to apply in that writ petition, with any such application to be considered by the learned Single Judge notwithstanding that the petitioners were not parties thereto.

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$~6

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 7007/2023

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SUMITRA DEVI & ANR. .....Petitioners

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Through: Mr. Bhim Kishore & Mr. Shaksham Kathuria, Advs.

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Versus

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GOVT OF NCT OF DELHI & ORS. .....Respondents

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Through: Mr. Tushar Sannu, Adv. Mr. Vivek Kumar Tandon, Ms. Mamta Tandon, Ms. Prerna Tandon & Ms. Shivani Ghosh, Advs. for R-3.

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CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE AMIT MAHAJAN O R D E R

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% 06.02.2025

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The matter is taken up today as 05.02.2025 was declared a holiday.

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The petitioners have filed the present petition, inter alia, praying that directions be issued to respondent no.2 / Registrar Co-operative Societies (RCS) to release the title documents of the property described as WZ-148, Harijan Colony, 80 sq. yds colony, Tilak Nagar, New Delhi-110018 in favour of the petitioners.

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The petitioners state that petitioner no.2/Sudesh Kumar had availed of a loan from respondent no.3/Delhi Nagrik Sehkari Bank Ltd. on 17.03.2011 and furnished certain title documents (General Power of Attorney, Will, etc.) as collateral to secure the repayment obligations. The petitioners state that the loan availed by petitioner no.2 was fully discharged on 05.07.2018 and accordingly, the petitioners sought a No Objection Certificate (NOC) as well as return of original title documents furnished to secure the repayment of loan. However, the petitioners request was not acceded to.

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/02/2025 at 12:51:06

¶16

It is stated that on 18.08.2021, the petitioners applied for certified copies of documents from the Sub-Registrar-II, District West, Government of NCT of Delhi. However, it is stated that none of the documents are found to be traceable.

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The learned counsel appearing for the petitioners fairly states that the documents other than Will were not registered, therefore, in any view, the certified copies of the said documents are not available with respondent no.4.

¶18

The title documents are not returned to the petitioners as the same are now in the custody of an Administrator appointed by this court pursuant to an order passed in W.P.(C) No.7921/2016 captioned Anil Kumar Gaur v. Reserve Bank of India & Ors. The Administrator cannot return the documents in view of the order dated 07.12.2016 passed by the learned Single Judge in the said writ petition. We consider it apposite to reproduce the relevant extract of the said order. The same is reproduced below:

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“ CM 41039/2016 (by R-3 u/Sec.151 CPC for modification of the order dated 9.9.2016)

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The present application has been filed by respondent No.3 praying inter alia for permission to release the original title deeds of collateral properties of the customers who have cleared their loan account as mentioned in para 6 of the application, with directions to the applicant to retain the original title deeds pertaining to the loan accounts for the years 2011 to 2014 in its own safe custody.

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The Court is not inclined to grant the second relief prayed for. As for the first relief, in view of the submission made by learned counsel for the respondent No.2/Registrar Cooperative Societies that Mr. Ramesh Tiwari, a retired IAS Officer has been appointed as an Administrator of the

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/02/2025 at 12:51:06

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respondent No.3/Bank, it is deemed appropriate to permit the customers of the Bank, who have cleared their loan accounts to approach the Administrator with a request for release of their original title deeds. The said title deeds shall be released in favour of the customers on their submitting certified copies thereof obtained from the Office of the Registrar of Assurance and on filing an undertaking to the effect that they shall produce the original title deeds as and when directed. Similar procedure shall be followed in respect of any other borrower of the respondent No.3/Bank, who may approach the Administrator in future, for release of the original title deeds.

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The application is disposed of.”

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The learned counsel appearing for respondent no.1/Govt. of NCT of Delhi submits that he would require to obtain instructions as to how the documents can be returned to the petitioners as well as to such other similarly situated persons where the certified copies of the said documents are not available.

¶27

However, we do not consider it apposite to pass any such direction in the present petition as the issue regarding return of title documents is the subject matter of orders passed in W.P.(C) No.7921/2016.

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However, we consider it apposite to grant liberty to the petitioners to make an application for return of the title documents in W.P.(C) No.7921/2016. Needless to state that if any such application is made by the petitioners, the same shall be considered by the learned Single Judge notwithstanding the petitioners not party to that writ petition.

¶29

This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/02/2025 at 12:51:06

¶31

The petition is disposed of in the aforesaid terms.

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VIBHU BAKHRU, J

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AMIT MAHAJAN, J

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FEBRUARY 06, 2025 ‘gsr’ Click here to check corrigendum, if any

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/02/2025 at 12:51:06

Sumitra Devi & Anr. v. Govt of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Sumitra Devi & Anr. v. Govt of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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