Petitioners sought mandamus directing banks to return title deeds under the Banking Regulation Act. The court dismissed the petitions as infructuous as title deeds had already been returned to the petitioners.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.07.2021
CORAM:
THE HON'BLE MR.JUSTICE R.MAHADEVAN
Writ Petition Nos.15508 and 15509 of 2012
Mr.Kamal Basha Proprietor of Kamal Steel Corporation 50, old No.63 Sembudoss street Mannady, Chennai-600 001.
... Petitioner in W.P.No.15508/2012
M/s.Thoufiq Steel Corporation Represented by its Partners Mr.K.Mohamed Thoufiq Sultan Ms.Maideenisha, No.8 (old No.37) Jones street, Mannady Chennai-600 001.
... Petitioner in W.P.No.15509/2012 Vs
1.Reserve Bank of India Through its Chief General Manager Fort St. George, Chennai-600 009. 2.The Assistant General Manager Kotak Mahindra Bank Ltd. 4th floor, No.21 “Kotak Infinit RC – 45” Off Western Express Highway General AK Vaidya Marg Dindoshi, Malad (E) Mumbai – 400 097. 3.The Chief Manager Kotak Mahindra Bank Ltd. Parrys Branch Second Line Beach Road Chennai-600 001. ... Respondents in both WPs.
Common Prayer : Writ petitions filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the 1st respondent to ensure that the respondents 2 and 3 comply with the provisions of Section 21(3) read with Section
35A of the Banking Regulation Act, 1949 for cancellation of the redeemed mortgage and consequently, return the title deeds of the secured property of the petitioners situated at Ernavoor Village, Thiruvottiyur Town.
These writ petitions are filed to issue a mandamus, directing the 1st respondent to ensure that the respondents 2 and 3 comply with the provisions of Section 21(3) read with Section 35A of the Banking Regulation Act, 1949 for cancellation of the redeemed mortgage and consequently, return the title deeds of the secured property of the petitioners situated at Ernavoor Village, Thiruvottiyur Town.
2.Today, when these matters were taken up for consideration, the learned counsel for the respondents 2 and 3 filed a memo dated 14.07.2021 stating that on 09.08.2012, the 3rd respondent has handed over the original title deeds to the petitioners and the same was duly acknowledged by the petitioners and hence, nothing survives for adjudication herein.
3.The submissions so made by the learned counsel for the respondents 2 and 3 have been fairly conceded by the learned counsel for the petitioners.
4.Recording the submissions made by the learned counsel for the respondents 2 and 3 as well as the memo dated 14.07.2021, these writ petitions are dismissed as infructuous. No costs.
Sd/-
Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
kj
To
1.Reserve Bank of India Through its Chief General Manager Fort St. George, Chennai-600 009.
2.The Assistant General Manager Kotak Mahindra Bank Ltd. 4th floor, No.21 “Kotak Infinit RC – 45” Off Western Express Highway General AK Vaidya Marg Dindoshi, Malad (E) Mumbai – 400 097.
3.The Chief Manager Kotak Mahindra Bank Ltd. Parrys Branch Second Line Beach Road Chennai-600 001.
+1cc to Mr.A.V.Radhakrishnan, Advocate SR No.33742 +1cc to M/s.Aiyar and Dolia, Advocate SR No.34224
W.P.Nos.15508 and 15509 of 2015
PL (CO) PR (25/08/2021)
1 provisions across 1 enactments
Kamal Basha
M/s. Thoufiq Steel Corporation
Reserve Bank of India
Kotak Mahindra Bank Ltd.
R. Mahadevan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
