REGENT COMPUTRONICS PVT. LTD.

RUKKIYA Appellant

V/S

IDBI BANK Respondents

Referred Judgements :-

NAYABUDDIN V. UNION OF INDIA AND OTHERS [REFERRED TO]
INKEL LTD. V. FEDERAL BANK LIMITED [REFERRED TO]
GURBAX RAI VS. PUNJAB NATIONAL BANK NEW DELHI [REFERRED TO]
SYNDICATE BANK VS. VIJAY KUMAR [REFERRED TO]
R D SAXENA VS. BALRAM PRASAD SHARMA [REFERRED TO]
ALEKHA SAHOO VS. PURI URBAN CO OPERATIVE BANK LIMITED [REFERRED TO]
THANKAPPAN VS. MUTHUKOYA [REFERRED TO]
STATE BANK OF INDIA VS. JAYANTHI [REFERRED TO]
MOHAMMAD MAQBOOL KUNASH VS. JAMMU AND KASHMIR BANK LTD [REFERRED TO]
NAKULAN VS. CANARA BANK [REFERRED TO]
SYNDICATE BANK REGIONAL OFFICE VS. SHEELA JULIAN [REFERRED TO]
SUNIL RATNAKAR GUTTE VS. UNION BANK OF INDIA [REFERRED TO]
PNB VESPER LIFE SCIENCE PVT. LTD. VS. REGISTRAR OF CO-OP SOCIETIES [REFERRED TO]
P.SANTHAKUMARY AMMA VS. INDIAN OVERSEAS BANK [REFERRED TO]
BALARAM CHOUDHURY VS. INDIAN BANK BHUBANESHWAR [REFERRED TO]

JUDGEMENT

(1.) Since common issues arise in these Writ Petitions, I dispose these Writ Petitions by a common judgment.

(2.) The issue involved in these Writ Petitions is that, on closure of the loan by the borrower, whether the Bank is entitled to retain the original title deeds which were deposited with the Bank to create an equitable mortgage to secure the said loan, invoking the general lien under Sec. 171 of the Indian Contract Act, 1872, on the ground of other dues under a different loan from the borrower, either as borrower or as guarantor.

(3.) I heard the learned Counsel for the Petitioners/Borrowers, Sri.Nirmal V. Nair, Sri.Rameez Nooh and Sri.Anjana Kannath and the learned Standing Counsel for the Respondents/Banks, Sri.Jithesh Menon, Sri.Ramola Nayanpally and Sri. M.S. Kiran.

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RUKKIYA Vs. IDBI BANK

Referred Judgements :-

JUDGEMENT

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