- 1 - HC-KAR NC: 2025:KHC:21977 WP No. 16739 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 16739 OF 2025 (GM-RES) BETWEEN: 1. SALAUDDIN S/O. LATE NAWAB JAN AGED 45 YEARS R/AT. NO. 3270/2 NEW NO.13/2, 2ND CROSS ANEGUNDI ROAD MANDI MOHALLA MYSORE-570015. …PETITIONER (BY SRI. T A KARUMBAIAH., ADVOCATE) AND: 1. CANARA BANK LASHKAR MOHALLA BRANCH LASHKAR MOHALLA MYSURU-570012. 2. THE AUTHORIZED OFFICER AND CHIEF MANAGER M/S. CANARA BANK REGIONAL OFFICE NO.26/A, GUEST HOUSE ROAD NAZARBAD, TANK BUND ROAD P.O MYSURU- 570010. …RESPONDENTS (BY SRI. VINAY BHAT., ADVOCATE) Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21977 WP No. 16739 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO RETURN ALL THE ORIGINAL TITLE DEED AND OTHER DOCUMENTS GIVEN BY THE PETITIONER AT THE TIME OF BORROWING LOAN ACCOUNT NO.17031400000399 PERTAINING TO THE SCHEDULE PROPERTY FORTHWITH. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioner has sought for issuance of writ of mandamus to direct the respondents to return all the original title deeds and other documents given by the petitioner at the time of borrowing loan bearing Account No.17031400000399. 2. It is to be noticed that the petitioner on an earlier occasion was before this Court with respect to the same loan account in W.P.25958/2023. The order passed in the said writ petition is as follows: "The petitioner has challenged the eviction notice dated 18.11.2023 issued by the respondent- Bank, directing the petitioner to vacate the - 3 - HC-KAR NC: 2025:KHC:21977 WP No. 16739 of 2025 mortgaged property, which was offered as security for the repayment of a loan. 2. This Court, by its order dated 23.11.2023, granted an interim order subject to the petitioner depositing a sum of Rs.5 lakhs initially, and an additional sum of Rs.5 lakhs within three weeks thereafter. The petitioner has complied with the interim order by depositing the said amounts. The petitioner has also undertaken to clear the entire loan account if reasonable time is granted. 3. The respondent-Bank submits that the petitioner owes an outstanding amount of Rs.43,66,000/- as of 11.11.2024. The respondent-Bank contends that, due to the petitioner’s default in loan repayment, the eviction notice was rightly issued. 4. In view of the petitioner’s undertaking to close the loan account, the petition is disposed of with the following directions: i) The petitioner shall deposit a sum of Rs.15 lakhs on or before 31.12.2024. ii) The petitioner shall deposit the remaining balance amount, including accrued interest, if any, on or before 31.01.2025. - 4 - HC-KAR NC: 2025:KHC:21977 WP No. 16739 of 2025 iii) In the event the petitioner fails to make any of the payments as stipulated above, the respondent-Bank is entitled to proceed against the petitioner in accordance with the law. iv) Upon closure of the loan account, the respondent-Bank is directed to return all the original title deeds to the petitioner within two weeks from the date of full settlement." 3. It is clear that in terms of Para No.4(iv) of the order passed in W.P.No.25958/2023, upon closure of the loan account, respondent - Bank was directed to return all the original title deeds to the petitioner within 2 weeks from the date of full settlement. 4. Learned counsel for respondent - Bank submits that the petitioner has not paid the amount within the time prescribed. 5. It is to be noticed that the order was passed on 25.11.2024. Admittedly, petitioner has cleared all dues and No Due Certificate is issued by the Bank on 09.05.2025. Once the Bank has accepted all dues though - 5 - HC-KAR NC: 2025:KHC:21977 WP No. 16739 of 2025 paid outside the time schedule prescribed by this Court and No Due Certificate is issued, it is not open for the Bank to raise any fresh contention. Admittedly, the order at Annexure-A has not been challenged. If the Bank has suffered an order and has accepted the order in W.P.No.25958/2023 and despite there being minor lapse in repayment within the time prescribed, needless to state the Bank is required to adhere to the direction at Para 4(iv) of the order extracted above. The other contention of the Bank relating to the power to withhold documents cannot be accepted in light of the Bank being party to the order in W.P.No.25958/2023. Any objections by the Bank for release are construed to have been waived upon acceptance of the order in W.P.No.25958/2023. Respondent - Bank is directed to comply with the direction at Para 4(iv) within a period of two weeks from today. 6. Accordingly, the petition is disposed off. Needless to state the rights of the Bank as regards the - 6 - HC-KAR NC: 2025:KHC:21977 WP No. 16739 of 2025 dues of the petitioner in other loan account can be proceeded with in accordance with law. Sd/- (S SUNIL DUTT YADAV) JUDGE VP