SYNDICATE BANK Vs. SUNDER LAL TANEJA AND SONS

JUDGEMENT

(1.) Defendants have filed this application under Section 151 Civil Procedure Code seeking direction for return of the title deed of property bearing No. 9/60, Punjabi Bagh, New Delhi, by the plaintiff-Bank, on their securing the suit amount or any amount which may be ultimately found due from them.

(2.) Needless to say that the plaintiff-Bank has contested the application by filing reply.

(3.) Submission advanced by Shri Ravinder Sethi appearing for the defendants was that his client is ready to furnish bank guarantee or place FDRs at the disposal of the Court for the suit amount besides giving security for the balance amount for return of the title deed in question by the plaintiff-Bank. Admittedly plaintiff-Bank has filed suit under Order XXXIV Civil Procedure Code against the defendants and para 21 of the prayer clause made in the plaint which is relevant reads as under: