IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.38630 OF 2018 (GM-RES) BETWEEN:
SMT. E P SUBHADRA LT. COL. (RETD) W/O LATE. R A SALDANHA AGED ABOUT 50 YEARS R/AT NO.707/A, 12TH CROSS VINAYAKANAGAR, 8TH MAIN HAL POST, BENGLAURU 560017. (By Mr. R. GEORGE LAZARUS, ADV.) AND:
THE MANAGER CITI BANK, MG ROAD BRANCH, BENGLAURU 560025.
(By Mr. JIDESH KUMAR M.D. ADV.,) - - -
… PETITIONER … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT BANK TO RETURN THE ORIGINAL TITLE DEEDS TO THE PETITIONER WHICH WERE DEPOSITED BY HER WITH THE RESPONDENT BANK PERTAINING TO THE LOAN ACCOUNT NO.304761 & ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.R.George Lazarus, learned counsel for the petitioner.
Mr.Jidesh Kumar M.D., learned counsel for the respondent.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner has prayed for the following reliefs:
1. Issue a writ in the nature of mandamus or any other appropriate writ directing the respondent bank to return the original title deeds to the petitioner which were deposited by her with the respondent bank pertaining to the loan account No.304761.
2. To award costs of this writ petition.
3. To grant such other and further relief’s as this Hon’ble Court may deem fit in the circumstances of the case in the interest of equity.
4. When the matter was taken up today, learned counsel for the respondent-Bank submitted that in case the petitioner furnishes a indemnity bond as required by respondent, the original document shall be released in favour of the petitioner. On the other hand, learned counsel for the petitioner submits that he is ready and willing to execute the indemnity bond in favor of the respondent-Bank.
5. In view of the aforesaid submission and as agreed to by learned counsel for the parties, the writ petition is disposed of with a direction that in case the petitioner executes an indemnity bond within one week from today in favour of the respondent-Bank, the respondent-Bank shall return the documents within a period of three days therefrom.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS