Sri N H Rustumji v. Central Bank of India
Case brief
What is this about?
Deposit of title deeds; guarantor-mortgagor; lost/misplaced original title deeds in DRT proceedings; certified copies accepted for all purposes as interim substitute; direction to Bank to return originals upon tracing; lien despite closure of loan account; O.A. No.49/2001 Debts Recovery Tribunal Bengaluru; FIR / Lost Report No.0248583/2022 dated 18-06-2022; newspaper publication 22-06-2022; Central Bank of India Cantonment Branch; M/s. Stone Line; Richmond Towers units G-2 & G-3; Articles 226 and 227 Constitution of India; writ petition disposed.
What did the court decide?
Certified copies of the title documents of units G-2 and G-3 issued by respondent No.1-Bank to be treated as valid for all purposes until the misplaced originals are traced; Bank directed to return the original title deeds to the petitioner immediately upon tracing them; with these observations the writ petition is disposed of.