Disposed

Smt Bharath Raj v. M/S National Textile Corporation

Karnataka HC18 Nov 2022WP/16045/2022

Case brief

AI extract

What is this about?

In a writ petition filed under Articles 226 and 227 of the Constitution, the petitioner sought a direction from the High Court to the respondent corporation to execute a Release Deed/Discharge Deed for a property. The petitioner alleged ownership and claim that the underlying loan was discharged. The court directed the petitioner to submit a specific set of documents, after which the respondent mu

What did the court decide?

The petitioner is directed to submit one set of documents to the respondent. Upon receipt and scrutiny showing all requirements for a Clearance Certificate are met, the respondent is directed to execu

Smt Bharath Raj Vs M/S National Textile Corporation — Landlord and Tenant | Karnataka HC (2022)

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WP No. 16045 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF NOVEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 16045 OF 2022 (GM-RES)

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BETWEEN:

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SMT. BHARATH RAJ, D/O CHELUVAIAH, AGED ABOUT 49 YEARS, NO.MIG 27, 1^ST STAGE, KHB COLONY, BASAVESHWARNAGAR, BENGALURU – 560 079.

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…PETITIONER

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(BY SRI.MOHAN KUMARA K.T, ADVOCATE)

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AND:

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M/s NATIONAL TEXTILE CORPORATION, (ANDRA PRADESH KARNATAKA, KERLA AND MAHE) LIMITED,

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A COMPANY INCORPORATED UNDER Digitally signed by PADMAVATHI B K THE INDIAN COMAPNIES ACT, 1956, Location: HIGH COURT HAVING ITS REGISTERED OFFICE AT OF KARNATAKA # 29/2, NANJAPPA MANSION, K.H.ROAD,

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BENGALURU – 560 027. REPRESENTED BY DEPUTY GENERAL MANAGER.

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SRI. KASTURI RANGAN, DEPUTY GENERAL MANAGER,

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WP No. 16045 of 2022

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NATIONAL TEXTILE CORPORATION LTD., MINERVA MILLS, MAGADI ROAD, BENGALURU – 560 023.

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SOUTHERN REGION, NATIONAL TEXTILE CORPORATION LIMITED, NTC HOUSE, 35-B, SOMASUNDARAM MILLS ROAD, COIMBATHORE – 641 009, TAMIL NADU. REPRESENTED BY DEPUTY GENERAL MANAGER.

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…RESPONDENTS

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(BY SRI. NARASIMHA SWAMY N S, ADVOCATE FOR R1 & R2; R3 SERVED)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT - NATIONAL TEXTILE CORPORATION LIMITED, BENGALURU TO EXECUTE RELEASE DEED/DISCHARGE DEED IN FAVOUR OF ITS PRESENT OWNER CUM WRIT PETITIONER SMT.C.BHARTHIRAJ DISCHARGING THE PETITION SCHEDULE PROPERTY I.E HIG-6 CORPORATION NO.6/9, 1^ST STAGE, KHB COLONY, 1^ST MAIN ROAD, AGRAHARA DASARAHALLI, BENGALURU FROM THE LOAN OBTAINED BY LATE R.RAJAGOPALAN ON 18.04.1985 BY WAY OF DEPOSIT OF TITLE DEEDS AND DECLARE THE SAME FREE FROM ENCUMBRANCE.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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WP No. 16045 of 2022

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ORDER

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The petitioner is before this Court seeking for a direction by issuance of a writ in the nature of mandamus directing respondent No.1- National Textile Corporation Limited to execute a Release Deed or Discharge Deed in his favour in the light of the fact that he is the owner of the subject property.

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Heard the learned counsel Sri Mohan Kumar K.T., appearing for the petitioner- Corporation and the learned counsel Sri Narasimha Swamy N.S., appearing for respondents No.1 and 2 and perused the material on record.

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Brief facts that leads the petitioner to this Court in the subject petition, as borne out from the pleadings are as follows;

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It is the averment of the petitioner that on 28.04.1984, one Sri R.Rajagopalan was allotted a site in Site No.6-HIG, A.D.Halli, Bengaluru and was handed over the possession of the said property on 25.09.1984. On 18.04.1985, it transpires that R.Rajagopalan executes a mortgage in exchange to the loan by

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WP No. 16045 of 2022

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deposit of the title deeds with respondent No.1- Corporation. On 16.06.1995, the Karnataka Housing Board (K.H.B.) which allotted the site in favour of R.Rajagopalan, executes a registered sale deed. The said R.Rajagopaln then, sells the subject property in favour of the petitioner on 27.09.1995. All the records, the petitioner submits that is standing in the name of the petitioner. When the petitioner sought Encumbrance Certificate on 02.09.2021, then, he comes to know that the title deeds of the property are with respondent No.1 as the name of respondent No.1 is still figured in the Encumbrance Certificate. It is then, the petitioner gives a representation to respondent No.1 seeking execution of a Release Deed or Discharge Deed of discharging loan in favour of the petitioner. That having not been considered by respondent No.1, drives the petitioner before this Court in the subject petition.

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Learned counsel appearing for the petitioner submits that despite furnishing of every documents needed for discharge of loan and release of all title deeds, and execute a deed of discharge of the loan and clearance of the property from mortgaged with respondent No.1, to action is taken by the

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WP No. 16045 of 2022

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respondents facts that loan to the last pie is already discharged, respondent No.1 declined to do so.

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Learned counsel appearing for the respondent-

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Corporation submits that the petitioner has not furnished the necessary documents for execution of a Clearance Certificate in favour of the petitioner. If he would do so, on scrutiny of the documents, it would be done within the time frame that would be fixed by this Court.

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Said submission is placed on record.

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Though the learned counsel appearing for the

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petitioner submits every document is already submitted and the petitioner is made to run from pillar to post seeking a Clearance Certificate for the loan that he has already discharged, I deem it appropriate to dispose the petition with a direction to the petitioner to submit one set of documents to respondent No.1 and respondent No.1 within two weeks from the date of receipt of those documents, shall execute a Clearance Deed, in the event, the documents would

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WP No. 16045 of 2022

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demonstrate all that is necessary for issuance of a Clearance Certificate.

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This Court hopes that the petitioner will not be driven

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again to knock the doors of this Court on the same cause of action.

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Ordered accordingly.

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Sd/JUDGE

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PN List No.: 1 Sl No.: 10

Smt Bharath Raj v. M/S National Textile Corporation

Case brief

What is this about?

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Smt Bharath Raj v. M/S National Textile Corporation

Case brief

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What did the court decide?

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