K.S. RAMACHANDRA Vs. BANKING OMBUDSMAN AND ORS.

JUDGEMENT

(1.) The petitioner is before this Court seeking that the order dated 4-7-2012 at Annexure "A" be quashed. In that light, petitioner is seeking for issue of mandamus to direct the respondent Nos. 2 and 3 to return the two original simple mortgage deeds dated 1-10-2003 and 31-8-2005, the copies of which are produced at Annexures "B" & "C" . The petitioner is further seeking for issue of mandamus to give proper statement of calculations relating to the accounts.

(2.) The fact that the petitioner has obtained loan from the second and third respondent Bank under two transactions is not in dispute. The fact that subsequently the loan has been cleared and there is no amount due from the petitioner to the respondent Nos. 2 and 3, is also the accepted position. In that light, since in respect of the two loan transactions, the mortgage deeds dated 1-10-2003 and 31-8-2005 at Annexures "B" & "C" were registered in the office of the Sub-Registrar and since the loan has been cleared, the petitioners are seeking return of the said documents. Since the respondent Nos.2 and 3 Bank did not return the same, the matter was taken up before the Banking Ombudsman under the first respondent. The first respondent on considering the request of the petitioner has issued the communication dated 4-7-2012 whereby the petitioner has been intimated that the documents are retained by the Banker as the Bank documents and the return of documents would not arise. In that light, the petitioner is before this Court.

(3.) Having heard the learned counsel for the parties and perused the petition papers, the transaction entered into between the parties is not disputed and to secure the loan, mortgage deeds dated 1-10-2003 and 31-8-2005 was executed creating charge over the property in favour of respondent Nos. 2 and 3 Bank. The Certificate at Annexure "D" would disclose that the amount due to the Bank has been paid by the petitioner and the accounts is fully adjusted on 24-12-2011 and there is no dues from the petitioner to the Bank. In view of the mortgage being registered and the property being secured at the first instance, the discharge deed dated 21-1-2012 has been executed and registered in the office of the Sub-Registrar. The deeds, both dated 21-1-2012 at Annexures "H" & "J" has been registered in the office of the Sub-Registrar.