Petitioner sought writ to return title documents mortgaged for a housing and education loan. Court held that since an extended mortgage exists on the same security and loan disputes remain, writ is closed, directing petitioner to approach the Ombudsman.
The writ petition stands closed; no costs awarded.
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W.P.No.11084 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.07.2023
CORAM
MR.JUSTICE N.SESHASAYEE
W.P.No.11084 of 2023
R.Anbazhagi
... Petitioner
Vs.
1.Punjab National Bank, Zonal Office, Rep. by the Zonal Officer, PNB Towers, No.46-49, 4th & 5th Floor, RH Road, Royapettah, Chennai-600014.
2.Punjab National Bank, Ambur Branch, Rep. by its Branch Manager, No.73, Broad Bazaar Road, Ambur, Thirupathur-635 802.
... Respondents
Prayer: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the 2nd respondent to return the title documents of the petitioner's property bearing Document No.1104 of 2000, on the file of the Sub-Registrar, Ambur and dated 28.04.2000.
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W.P.No.11084 of 2023
For Petitioner : Mr.Sharath Chandran
For Respondents : Mr.K.Rajesh
ORDER
The petitioner has filed this petition seeking the return of certain documents over
which it had created an equitable mortgage with the respondent bank.
2.The respondent bank has filed its counter.
3.Mr.K.Rajesh, the learned counsel for the respondents submitted that the petitioner has availed the housing loan and that it has been fully discharged. Even when the housing loan was subsisting, the petitioner, her daughter and her husband jointly availed an education loan for their daughter, and an extended mortgage was created over the same security. Now, that loan is still outstanding.
4.Learned counsel for the petitioner would now submit that vis-a-vis the amount
to be paid for discharging the education loan, there are some differences between the petitioner and the bank.
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W.P.No.11084 of 2023
5.The petitioner is now required to approach the Ombudsman to work out her remedies.
6.As for the present case, since it is not in dispute that there is an extended mortgage created over the same security, nothing remains for consideration in this petition.
7.This Writ Petition stands closed accordingly. No Costs.
18.07.2023
Anu Index : Yes / No Neutral citation : yes/no To
1.The Zonal Officer, PNB Towers, No.46-49, 4th & 5th Floor, RH Road, Royapettah, Chennai-600014.
2.The Branch Manager, No.73, Broad Bazaar Road, Ambur, Thirupathur-635 802.
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W.P.No.11084 of 2023
N.SESHASAYEE, J. Anu
W.P.No.11084 of 2023
18.07.2023
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3 issues framed by the court
Whether the writ petition seeking return of mortgaged title documents should be entertained given the existence of an extended mortgage on the same security.
Whether the petitioner can pursue remedies against the bank through the Ombudsman instead of a writ.
Whether the petition is maintainable where there is no dispute regarding the extended mortgage.
R.Anbazhagi
Punjab National Bank, Zonal Office
Punjab National Bank, Ambur Branch
N.Seshasayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
