ANAMIKA MITRA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The short question for consideration in this Revision Petition is as to whether on liquidation of House Building Loan against Account No.11712525485, by the borrower, Late Smt.Namita Bhowmick, her Legal Heir, the Petitioner in this Revision Petition, is entitled to get back the original Title Deeds pertaining to Flat No.B/4, "Arpan Apartment", P.O. Bidhargarh, P.S. Rabindra Nagar, Kolkata 700066, which were deposited as security with the Respondent Bank's branch at Pandhur, Rabindra Nagar, Kolkata.

(2.) The objection of the Respondent Bank to the release of the said document was that late Smt.Namita Bhowmick, who had mortgaged the said property as security for the housing loan, had entered into an agreement to sell the same property with one Mohitosh Dasgupta, without informing the concerned branch of the Bank and without liquidating the Housing Loan availed by her. Further the said Mohitosh Dasgupta had also raised a loan from the Bank's branch at Baliganj Station Road by depositing a copy of the same Title Deed along with original Registration Receipt issued by the Sub Registrar.

(3.) We have heard learned counsel for the parties. During the course of hearing, learned counsel appearing for the Respondent Bank has pointed out that on failure of the said Mohitosh Dasgupta to liquidate the Housing Loan, raised by him from the Baliganj Railway Station Branch, the said Branch has already initiated proceedings against him under THE Securitization and Reconstruction Of Financial Assets and Enforcement of Security Interest Act, 2002, by issuing notices under Section 13(2) and 13(4) of the said Act.