AJIT MENON Vs. ALLAHABAD BANK BRANCH

JUDGEMENT

(1.) THE Writ Petition is filed mainly seeking for a writ of mandamus directing the respondents to return the original of the document No. 4584/1981 dated 02.11.1981 deposited by late C.P. Narayanankutty Menon, the father of the petitioner with the respondent Bank creating an equitable mortgage in favour of the Bank. It is stated that the loan amount has already been satisfied.

(2.) THE learned Counsel for the petitioner submits that there is absolutely no case for the respondent Bank that any outstanding amount is still to be paid from the part of the borrower in connection with the loan transaction, which position is very much discernible from Exts. P6 and P12. THE learned Counsel appearing for the respondent Bank submits, on instruction, that the prayer of the petitioner can be allowed; that the only apprehension of the Bank is as to any probable claim by some or other legal heirs of the deceased and hence that the petitioner might be directed to execute an 'indemnity bond' to meet the situation.