P.Subiramaniam Vs the Reserve Bank of India — Writ and Judicial Review | Madras HC (2025)

P.Subiramaniam Vs the Reserve Bank of India — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Direction to the third respondent (where the documents are available) to return the petitioner's four deposited title documents within one week from receipt of a copy of the Order; writ petition disposed of with no costs and the connected miscellaneous petition (WMP.No.19520 of 2025) closed; the parties' rights in the pending civil suits expressly remain subject to the result of those suits.

Issue for consideration

Whether the bank must return the petitioner's mortgage-deposited title documents after full loan repayment notwithstanding the pendency of civil suits concerning the properties (O.S.No.431 of 2022 and O.S.No.585 of 2022), in the absence of any interim order restraining release of the documents. +1 more

Court's answer

Since the petitioner admittedly mortgaged the property, deposited certain documents with the bank and has cleared the loan amount, the bank shall necessarily return the document to the writ petitioner.

Ratio / Principle

Even assuming the property is ancestral property as alleged in the son's plaint, mere handing over the document to the writ petitioner by the bank will not take away the petitioner's son's rights in the partition suit.

Key takeaways

Mere pendency of civil suits, without there being any interim order, does not justify the bank retaining the documents; such retention is not proper.ratio¶30
A direction is issued to the third respondent, where the documents are available, to return the documents deposited by the petitioner within one week from the date of receipt of a copy of the Order.ratio¶31
It is made clear that the right of the parties in the civil suit is always subject to the result of the suit.

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT MADRAS (N. Sathish Kumar J., single judge) — WP No. 20183 of 2023, decided 17-12-2025 (Neutral Citation 2025:MHC:2981). Petition under Article 226 sought quashing of letters Ref. Nos. N202223023362010 and 230104672362 (dated Nil) issued by the Branch Manager, Axis Bank, Anthiyur Branch, withholding the petitioner's mortgage-deposited title deeds — Settlement Deed 07.08.1978 (Doc 1136/1978), Sale Deeds 26.03.1991 (Doc 472/1991) and 14.03.2005 (Doc 385/2005), Partition Deed 15.07.2002 (Doc 958/2002) — despite repayment of the entire agricultural loan, the bank citing pendency of O.S.No.431 of 2022 (partition suit by petitioner's son) and O.S.No.585 of 2022 (injunction restraining release), both before the Sub Judge, Bhavani. Held: even assuming ancestral-property claims in the son's plaint, handing over the documents to the writ petitioner takes nothing away from the son's partition-suit rights; the loan having been admittedly cleared, the bank shall necessarily return the documents, and retention merely because civil suits are pending, absent any interim order, is improper. Direction issued to the third respondent to return the deposited documents within one week of receipt of the Order; petition disposed of, no costs; connected WMP.No.19520 of 2025 closed; rights of the parties in the civil suits remain subject to their result and the handover confers no better right than that decided by the civil court.

2025:MHC:2981

WP No. 20183 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-12-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

WP No. 20183 of 2023 & WMP.No.19520 of 2025

P.Subiramaniam

Petitioner(s)

Vs

The Reserve Bank Of India Ombudsman, Kamarajar Salai, Chennai-09.

2.The Axis Bank Limited,

Rep. By The Branch Manager, 3rd Floor, Gigaplex Building No.1, Plot No.I.T-5, M.I.D.C Airoli Knowledge Park, Airoli, Navi Mumbai-400 708.

3.The Branch Manager

Axis Bank Limited-anthiyur Branch, Anna Silai, Thavittupalayam, Anthiyur, Erode District.

Respondent(s)

PRAYER: Petition filed under Article 226 of the Constitution of India, quashing the impugned letter, vide Reference Number N202223023362010 and 230104672362 dated Nil, issued by the 3rd respondent and direct the respondents-2 and 3 to cancel the Mortgage Deed dated 30.12.2013 registered as Document No.3616/2013 on the file of the Sub-Registrar Ammapet, Erode District and to return the petitioners mortgaged original title documents, 1)Settlement Deed dated 07.08.1978 registered as Doc No.1136/ 1978, 2)Sale Deed Dated 26.03.1991 registered as Doc. No.472/1991, 3)Partition Deed Dated 15.07.2002 registered as Doc.No.958/2002 and 4)Sale Deed dated 14.03.2005 registered as Doc. No.385/2005 to the petitioner.

For Petitioner(s): Mr.V.Vijayakumar For Respondent(s): Mr.M.R.Uma Vijayan Standing Counsel

ORDER

The petitioner seeks a direction for return of the documents, viz.,

https://www.mhc.tn.gov.in/judis

WP No. 20183 of 2023

1)Settlement Deed dated 07.08.1978 registered as Doc No.1136/ 1978, 2)Sale Deed Dated 26.03.1991 registered as Doc. No.472/1991, 3)Partition Deed Dated 15.07.2002 registered as Doc.No.958/2002 and 4)Sale Deed dated 14.03.2005

registered as Doc. No.385/2005 to the petitioner; deposited by the petitioner at the time of availing the agricultural loan.

According to the petitioner even after the repayment of the entire loan amounts, the documents have not been returned, whereas, the impugned letter has been as if since, there are civil cases pending in respect of the properties and therefore, the document cannot be returned.

Counter has been filed stating that the petitioner’s son has filed a suit for partition in O.S.No.431 of 2022 pending on the file of the learned Sub Judge Bhavani and similarly, another suit in O.S.No.585 of 2022 pending on the file of the learned Sub Judge Bhavani for a permanent injunction restraining the bank from releasing the documents. Therefore, because of the pendency of case, they could not return the document.

Heard both sides and perused the materials placed on record. Admittedly, the documents have been deposited by the petitioner at the time of availing loan from the bank. The petitioner’s son appeared to have filed suits,

https://www.mhc.tn.gov.in/judis

WP No. 20183 of 2023

copy of the plaint in O.S.No.585 of 2022 is also produced before this Court. On perusal of the same, it would indicate that O.S.No.431 of 2022 has been filed by the petitioner's son claiming partition that the entire property is ancestral property, therefore, he is also entitled to the share. Be that as it may, even assuming that the property is ancestral property as alleged in the plaint, mere handing over the document to the writ petitioner by the bank, the same will not take away the right of the petitioner’s son in the partition suit. Admittedly, the petitioner has mortgaged the property and deposited certain documents with the bank and the loan amount is also cleared by the petitioner. Such being the position, the bank shall necessarily return the document to the writ petitioner. Mere pendency of civil suits and without there being any interim order, retaining the documents by the bank is not proper.

Such view of the matter, there shall be a direction to the third respondent where the documents are available to return the documents deposited by the petitioner within a period of one week from the date of receipt of a copy of this Order.

Accordingly, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition stands closed. It is made clear that the right of the parties in the civil suit is always subject to the result of the suit. Mere handing over the documents of the petitioner will not give any better right other than the right decided by the civil court.

https://www.mhc.tn.gov.in/judis

WP No. 20183 of 2023

17-12-2025

dhk

Index:Yes/No Speaking/Non-speaking order Neutral Citation:Yes/No To

1.The Reserve Bank Of India Ombudsman, Kamarajar Salai, Chennai-09. 2.The Branch Manager The Axis Bank Limited, 3rd Floor, Gigaplex Building No.1, Plot No.I.T-5, M.I.D.C Airoli Knowledge Park, Airoli, Navi Mumbai-400 708.

3.The Branch Manager Axis Bank Limited-anthiyur Branch, Anna Silai, Thavittupalayam, Anthiyur, Erode District.

https://www.mhc.tn.gov.in/judis

WP No. 20183 of 2023

N.SATHISH KUMAR J.

dhk

WP No. 20183 of 2023

17-12-2025

https://www.mhc.tn.gov.in/judis