- 1 - HC-KAR NC: 2025:KHC:50726 WP NO.5721 OF 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.5721 OF 2020 (GM-RES) BETWEEN: SRI. N.H. RUSTUMJI S/O LATE HOMI RUSTUMJI, AGED ABOUT 76 YEARS, G-15, RICHMOND TOWERS, RICHMOND ROAD, BENGALURU - 560 025. …PETITIONER (BY SRI. JOSHNA H. SAMUEL, ADVOCATE) AND: 1. CENTRAL BANK OF INDIA CANTONMENT BRANCH, NO.75-76, COMMERCIAL STREET, BENGALURU - 560 025. REP. BY THE CHIEF MANAGER. 2. M/S STONE LINE REP. BY ITS PROPRIETOR MR. M. SELVA PANDIAN, AGED ABOUT 62 YEARS, NO.21, 12TH CROSS, 1ST FLOOR INDIRANAGAR 1ST STAGE, BENGALURU - 560 038. …RESPONDENTS (BY SRI. Y.P. GOKUL, ADVOCATE FOR R1; V/O DATED 03.11.2020, NOTICE TO RESPONDENT NO.2 IS DISPENSED WITH) Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50726 WP NO.5721 OF 2020 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.1 TO RETURN THE ORIGINAL TITLE DEEDS OF THE PROPERTY BEARING NO.G-3 ON THE GROUND FLOOR, HAVING SUPER BUILT AREA OF 776 SQUARE FEET WITH CEMENT FLOORING WITHOUT PARKING SPACE IN THE MULTI-STORIED BUILDING KNOWN AS 'RICHMOND TOWERS CONSTRUCTED ON THE SCHEDULE 'A' PROPERTY i.e. LAND BEARING CORPORATION NO.12, (OLD 12, 12/1 AND 12/2) SITUATED IN RICHMOND ROAD IN CORPORATION DIVISION NO.61 AND ALSO THE TITLE DEEDS OF PROPERTY BEARING NO.G-2 AT THE SAME ADDRESS AS ABOVE DEPOSITED WITH THE RESPONDENT NO.1 IN RESPECT OF ANOTHER LOAN ACCOUNT AND HAVING CREATED A LIEN ON THE SAID PROPERTY DESPITE CLOSING OF THAT LOAN ACCOUNT TO THE PETITIONER; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In this writ petition, the petitioner is seeking direction to the respondent No.1-Bank to return the original title deeds of the property bearing No.G-3; Ground Floor, having super built area of 776 Sq.Ft. with cement flooring without parking space in the Multi-storied building known as 'Richmond Towers' constructed on the property bearing Corporation No.12 (Old No.12, 12/1 and 12/2) situate at Richmond Road in Corporation Division No.61 and also the title deeds of the property bearing No.G-2 at the same Address as mentioned above deposited - 3 - HC-KAR NC: 2025:KHC:50726 WP NO.5721 OF 2020 with the respondent No.1-Bank in respect of the another Loan Account and having created a lien on the said property despite closing of that Loan Account. 2. Heard Sri. Joshna H. Samuel, learned counsel appearing for the petitioner; and Sri. Y.P. Gokul, learned counsel appearing for the respondent No.1-Bank. 3. Having heard the learned counsel appearing for the parties, it is not in dispute that the petitioner claims to be the owner of the property in question and mortgaged the property by depositing the title deeds as guarantor to the principal borrower. The respondent No.2 herein being a principal borrower failed to repay the term loan amount to the respondent No.1-Bank regularly and became a defaulter and therefore, the respondent No.1-Bank created a lien on the said property in question owned by the petitioner which was mortgaged by the petitioner. In this regard, proceedings have been initiated before the Debts Recovery Tribunal, Bengaluru in O.A. No.49/2001 by the respondent No.1-Bank against M/s. Stone Line, Rep. by its Proprietor and four others for recovery of amount mentioned therein. It appears that the petitioner - 4 - HC-KAR NC: 2025:KHC:50726 WP NO.5721 OF 2020 was not able to secure the original title deeds deposited with the respondent No.1-Bank. Learned counsel appearing for the petitioner filed Memo dated 01st December, 2025 and produced the Letter dated 30th June, 2022 addressed by the respondent No.1-Bank to the petitioner, which reads as under: "CENTRAL BANK OF INDIA BANGALORE CONTONMENT CBI:BANTON:2022-23/38 DATE:30-06-2022 TO Mr. N H. RUSTUMJI NO.30, NORRIS ROAD, RICHMOND TOWN, BANGALORE-560025. SUB: RETURN OF TITLE DOCUMENTS OF UNIT NO.G2 & G3, RICHMOND TOWER, NO.12, RICHMOND ROAD, BANGALORE-560 025. (THROUGH: YOUR ADVOCATE - J HUDSON SAMUEL & PARTNERS) RESPECTED SIR, AS YOU INFORM THAT THE ORIGINAL TITLE DEEDS OF BOTH THE PROPERTIES (G2 & G3) ARE LOST/MISPLACED SOMEWHERE IN BETWEEN DRT & CONTONMENT BRANCH. REGARDING THIS WE HAVE ALREADY INTIMATED YOU THROUGH OUR PERSONAL MEETING WITH YOU ON 17- 06-2022 AT YOUR ADVOCATE'S OFFICE AT DEVATHA PLAZA RESIDENCY ROAD BANGALORE AND FORM YOUR CONSENT &INSTRUCTIONS RECEIVED FROM OUR REGIONAL OFFICE, WE HAVE FILED A FIR TO BANGALORE POLICE ABOUT LOSS - 5 - HC-KAR NC: 2025:KHC:50726 WP NO.5721 OF 2020 OF TITLE DEEDS ON 18-06-2022, BEARING LOST REPORT NO.0248583/2022 AND ALSO PUBLISHED IN TWO NEWS PAPERS ON 22-06-2022 (THE NEW INDIAN EXPRESS & KANNADA PRABHA). BUT TILL DATE WE HAVE NOT GOT ANY INFORMATION FROM GENERAL PUBLIC ABOUT TO FIND IT. HENCE, WE ARE GIVING YOU THE CERTIFIED COPY OF THE BOTH PROPERTIES (G2 & G3) FOR YOUR RECORD. WE ENSURE YOU THAT IF IN FUTURE WE WILL GET THE ORIGINALS, WILL RETURN THE SAME TO YOUR. WE APOLOGISE FOR THE INCONVENIENCE CAUSED BY US. THANKS & REGARD Sd/- BRANCH MANAGER BANGALORE CONTONMENT. ENCL.: 1) FIR COPY 2) NEWS PAPER PUBLICATION COPIES, DATED 22-06-2022 (THE NEW INDIAN EXPRESS & KANNADA PRABHA) 3) CERTIFIED COPY OF TITLE DEEDS OF UNIT NO.G2 & G3 (ORIGINAL) 4) XEROX COPY OF TITLE DEEDS OF UNIT NO.G2 & G3." 4. On perusal of the aforementioned letter, the same would indicate that the original title deeds in respect of the property in question belonging to the petitioner have been - 6 - HC-KAR NC: 2025:KHC:50726 WP NO.5721 OF 2020 misplaced in the proceedings before the Debts Recovery Tribunal and therefore, the respondent No.1-Bank was not able to return the same, instead, they have given the certified copies of original title deeds to the petitioner. In that view of the matter, till the respondent No.1-Bank traces the misplaced original title deeds of the property in question belonging to the petitioner, the certified copies which have been issued by the respondent No.1-Bank be considered for all purposes by the petitioner and the respondent No.1-Bank is directed to return the original title deeds to the petitioner, immediately after they traced the same. With this observation, writ petition stands disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 19