A A ASSOCIATES Vs. INDIAN OVERSEAS BANK

JUDGEMENT

(1.) The prayer of the petitioners is to direct the respondents herein to return the original title deeds deposited by the second petitioner herein with the second respondent by means of Memorandum of Deposit of Title Deed dated 22.08.2013 registered as document No.4795 of 2013 in the office of the District Registrar, Thanjavur.

(2.) The proprietrix of the first petitioner firm is the wife of the second petitioner. The first petitioner firm availed a sum of Rs.20,00,000/- as loan from the third respondent and the second petitioner, being the guarantor, executed a Memorandum of Deposit of Title Deed dated 22.08.2013 in favour of the respondents, which was registered as document No.4795 of 2013 in the office of the District Registrar, Thanjavur, and handed over the original title deeds to the respondents 2 and 3. The said loan was repaid to the third respondent, for which, endorsement has been made by the third respondent. Having closed the loan account, the petitioners approached the respondent with a request to return the original title deeds. However, respondents 2 and 3 have not returned the original title deeds. A representation dated 14.12.2015 given in this regard to the respondents also failed to evoke any response. Hence, the petitioners are before this Court seeking for the relief cited supra.

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