STATE BANK OF INDIA Vs. JAYANTHI

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 7th June, 2010, passed in W. P. No. 25277/2010, whereby learned single Judge allowed the writ petition filed by the respondents/writ pe-titioners and a mandamus was issued direct-ing the appellant Bank to return the title deeds to the writ petitioners, which was deposited by the late husband of the 1st respondent by way of security as against the loan availed by him.

(2.) The facts of the case lie in a narrow compass.

(3.) The appellant Bank contested the writ petition on the ground inter alia that the Bank is exercising a general lien on the title docu-ments standing in the name of Late N. P. S. Mahendran, who stood as a guarantor for other facilities and liabilities outstanding against M/s. Somerset Tea Plantation. It was contended by the Bank that such cash-credit facilities were availed from another Branch, namely, Udhagamandalam Branch of the Bank, by one M/s. Somerset Tea Plantation and the deceased, husband of the 1st respon-dent, stood as a guarantor for the said facili-ties. The said firm committed default and more than Rs. 2.03 crores is due from the said firm. Hence, the Bank has initiated a pro-ceeding against the firm and the guarantor and after the death of N. P. S. Mahendran, the present respondents have been impleaded as legal representatives.