IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.15397 OF 2013 (GM-RES) BETWEEN:
Sri N.Shankar, Aged about 61 years, S/o Late Ningegowda, R/at No.6, 1st Main, 7th Cross, Chamaraja Mohalla, Saraswathipuram, Mysore City.
(By Sri V.F.Kumbar, Advocate) AND:
1. The Chairman, Canara Bank (A Govt. of India Undertaking) Head Office, Opp. Puttannachetti Town Hall, Bangalore – 560 002.
2. The General Manager, Canara Bank, (A Govt. of India Undertaking) Head Office, Opp. Puttannachetty Town Hall, Bangalore – 560 002.
... Petitioner 3. The Manager, Canara Bank, Magadi Road Branch, 4,5,6 & 7 Ground Floor, No.1/1, Radhakrishna Complex, 6th Block, Rajajinagar, Bangalore – 560 010. ...Respondents (By Sri S Raghu, Advocate for R1 and R2, Sri N. Amareesh, Advocate for R3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents to return the original title deeds of the petitioner pertains to his property bearing site No.6, situated at Saraswathipuram, Chamaraja Mohalla, Mysore, which are deposited towards the loan transaction of M/s. Ramesh Bar & Restaurant, Bangalore, bearing Loan Account No.LPD/NP/5/96/1285/2001 since loan transaction is settled under compromise settlement accepted by the R2, about 10 years Back, vide letter dated 24.10.2001 at Annexure-A.
This Writ Petition coming on for Preliminary Hearing in B group this day, the Court made the following:
O R D E R This writ petition is filed by the petitioner seeking for a writ of mandamus directing the respondent No.2 to return the original title deeds of the petitioner which pertains to the property to which he has a title.
2. The petitioner was a surety to the loan borrowed by one Sri Govinde Gowda. The respondent- Bank instituted a suit for recovery of the said amount. During the pendency of the said suit, the principal borrower came with the compromise settlement and accordingly, the suit was disposed of.
3. The grievance of the petitioner is that even after the settlement of the claim, the title deeds of the surety i.e., the title deeds of the petitioner is still with the respondent-Bank. Hence, he had approached this Court by filing a writ petition in W.P.No.47490/2011, seeking a direction to respondent No.3 herein-Bank to return the original title deeds of the petitioner. This Court, by order dated 28.03.2012, directed the respondent No.3 herein - Bank to consider the request of the petitioner for release of the documents, if all the amounts due to the Bank is settled with reference to the loan, to which the petitioner is a surety. Subsequently, the petitioner has given a notice through his advocate vide Annexure-F dated 22.12.2012. But, till today they have not taken any action. Therefore, he has filed this writ petition seeking a direction to respondent - Bank to return the title deeds of the petitioner.
4. Sri.N.Amareesh, learned counsel appearing for respondent No.3, has filed statement of objections which reads as under:
“5) In the event of the efforts of third respondent in tracing the original title deeds does not yield required result, then the third respondent undertakes to procure certified copies of title deed, lodge a police compliant with the jurisdictional police regarding loss of originals, give paper publication and hand over the certified copies of the title deeds to the petitioner along with a certificate in writing from the Branch in charge that the original title deeds are lost in the hands of the third respondent so as to authenticate the same in order to enable the petitioner to deal with the property.
6) The third respondent seeks 60 days time to complete all the formalities undertaken in this written statement.”
5. In view of the statement of objections filed by the respondent No.3-Bank, now a direction is issued to respondent No.3-Bank to consider the request of the petitioner as per the direction issued by this Court in W.P.No.47490/2011 dated 28.03.2012 to return the original title deeds of the petitioner. If they cannot find it, as per the statement of objections filed by the respondent No.3-Bank, they have to obtain certified copies from the competent authority and furnish the same to the petitioner within a period of sixty days from the date of receipt of a copy of this order.
With the aforesaid observations and directions, the writ petition is disposed of.
Sd/- JUDGE rv