3.The learned counsel appearing for the petitioner would submit that the petitioner was arrayed as A3 in C.C.No.3453 of 2012 on the file of the learned Chief Metropolitan Magistrate, Egmore, Chennai. The petitioner is the sole and absolute owner of the property comprised in Survey No.146, measuring an extent of 2821 sq.ft. in 9-A Nattampannai Village, Pudukottai Panchayat Union and Pudukottai District, having purchased the same under a Sale Deed dated 26.08.1999. He obtained loan from City Union Bank, Alangudi Road, Pudukottai District and created an equitable mortgage. Because of non-payment, the bank authority has also taken civil proceedings for recovery of the loan amount and filed Original Application before DRT. During the pendency, a third party, namely, Mrs.Priyadharshini, wife of S.Saravanan, has purchased the property and settled the loan in favour of the City Union Bank. The original document is necessary to hand over the same to the purchaser. Further, it is submitted that even though the recovery proceedings are pending before DRT, subsequently, the amount has been settled and the Original Application has been withdrawn. He would further submit that during the investigation in F.I.R.No.Rc.10/E/2011/CBI/EOW/Chennai, the CBI has recovered the document from the City Union Bank, Pudukottai and filed the charge sheet which was taken as C.C.No.3453 of 2012. Though the petitioner is ready to substitute a certified copy and pray for return of the original document, the Trial Court considering the objection raised by the respondent has dismissed the same stating that the original document is necessary for comparison with the document furnished as security to Tamil Nadu Industrial Investment Corporation (TIIC). The learned counsel appearing for the petitioner would further submit that the petitioner is ready to abide any condition imposed by this Court, but he want the original document, in turn, to hand over the same to the purchaser. Hence, he pray for setting aside the order dated 31.10.2013 passed in Crl.MP.No.555 of 2013 in C.C.No.3453 of 2012 by the learned Additional Chief Metropolitan Magistrate, Egmore, Chennai.
