Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.07.2025
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition Nos.20007 & 20019 of 2025
Mr.A.Srinivasan
…. Petitioner in WP.No.20007/2025 Mr.R.Rajasekar …. Petitioner in WP.No.20019/2025
.Vs. The Chief Manager Canara Bank, MVK Complex Thulaiyur Main Road Perambalur 621121. . . Respondent Both WPs
Common Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent to comply with the
order dated 29.01.2025 passed by the Debts Recovery Tribunal-III, Chennai in SA.No.419/2022, by handing over the mortgaged property documents (title deeds of the schedule properties) and issuing a No Due Certificate to the petitioner forthwith. For Petitioner : Mr.S.Ramachandran (Both WPs) For Respondent : R.Sreedhar (Both WPs) Standing Counsel 1 / 4 https://www.mhc.tn.gov.in/judis
COMMON ORDER These writ petitions have be filed for the issue of a writ of mandamus directing the respondent bank to comply with the order passed by the Debt Recovery Tribunal-III, Chennai in SA.No.419 of 2022 dated 29.01.2025 and hand over all the documents that were given as security for the loan and also to issue no due certificate to the petitioner. 2.Heard the learned counsel for the petitioner and carefully perused the materials available on record. The respondent bank has been served and the name of the respondent has also printed in the cause list. There is no appearance either in person or through counsel. 3.On carefully going through the records, it is seen that the proceedings before the DRT came to an end on 29.01.2025 and for proper appreciation, the order passed by the DRT is extracted hereunder:
SA No.419/22 29.01.2025 Both the counsels are present. Pass over. Both the counsels are present. Applicant has flied a memo submitting that the account is settled under the OTS. Hence prays to record the settlement. The applicant has produced the letter requesting to No due certificate. Counsel for the bank and the officer also is present. Memo filed by the applicant is taken on record. Accordingly, SA is disposed of settle between the parties. Meanwhile, bank is directed to hand over the documents in accordance with law. Endorsement of both the parties and the councils are recorded. SA is disposed of a settled between the parties. 4.It is clear from the above that the entire loan amount has been settled under 2 / 4 https://www.mhc.tn.gov.in/judis
the OTS and the same has been recorded by the DRT and the bank was also directed to hand over the documents and issue the no due certificate. 5.The grievance of the petitioner is that inspite of the order passed by the DRT, the respondent bank is yet to hand over the documents and issue the no due certificate. Aggrieved by the same, the present writ petition has been filed before this Court.
6.Taking into consideration the facts and circumstances of the case and considering the order passed by the DRT-II Chennai in SA.No.419 of 2022 dated 29.01.2025, there shall be a direction to the respondent bank to hand over the documents that were given as security for the loan and also to issue no due certificate to the petitioner, within a period of two weeks from the date of receipt of copy of the
order. Both the writ petitions are disposed of with the above directions. No costs. 04.07.2025 Index : Yes/No NCS : Yes/No KP N.ANAND VENKATESH, J. 3 / 4 https://www.mhc.tn.gov.in/judis
KP To The Chief Manager CAnara Bank, MVK Complex Thulaiyur Main Road Perambalur 621121.
Writ Petition Nos.20007 & 20019 of 2025 04.07.2025 4 / 4 https://www.mhc.tn.gov.in/judis