Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:48067 WP No. 6938 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 6938 OF 2020 (GM-RES) BETWEEN:
SRI NAGENDRA PRASAD S/O.D.V.SHIVANAND, AGED ABOUT 42 YEARS, R/AT KRISHNA, NO.340, 10TH MAIN, 13TH CROSS, SUBRAMANYAPURA POST, UTTARAHALLI HOBLI, BANGALORE - 560 061 …PETITIONER (BY SRI. K.S. CHANDRAHASA, ADVOCATE) AND:
1.
STATE BANK OF INDIA (EARLIER THE STATE BANK OF MYSORE) STATE BANK BHAVAN MADAM CAMA ROAD, MUMBAI - 400 021.
REPRESENTED BY CHAIRMAN
2.
THE CHIEF GENERAL MANAGER, THE STATE BANK OF INDIA, BANGALORE CIRCLE NO.65, ST.MARYS ROAD, BENGALURU - 560 001
Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:48067 WP No. 6938 of 2020
3.
THE GENERAL MANAGER THE STATE BANK OF INDIA, KEMPEGOWDA ROAD, ACHEPET CHICKPET, BANGALORE - 560 009
4.
THE BRANCH MANAGER ARPC NO.1457, THE STATE BANK OF INDIA, GAYATHRI NAGAR, BANGALORE - 560 021 …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, ADVOCATE FOR R1 TO R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 TO RELEASE FORTHWITH THE TITLE DEEDS OF THE PETITIONERS HOUSE PROPERTY BEARING KATHA NO.28, SITE NOS.1, 2 AND 3 AND WARD NO.55 OF BANGALORE MAHANAGARA PALIKE, SITUATED AT ITTAMADU VILLAGE, UTTARAHALLI HOBLI, BANGALORE NORTH TALUK, MEASURING EAST TO WEST 35 FT, AND NORTH TO SOUTH 20 FT, DEPOSITED TIME OF OBTAINING LOAN VIDE LOAN ACCOUNT NO.54010835539, THE ENTIRE LOAN AMOUNT OF WHICH IS FULLY CLEARED BY 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
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HC-KAR NC: 2025:KHC:48067 WP No. 6938 of 2020
ORAL ORDER In this writ petition, the petitioner has sought for a writ of mandamus against respondent No.4 to release the Title Deeds of the petitioner in respect of the Loan Account No.54010835539.
3. Heard Sri.K.S.Chandrahasa, learned counsel for the petitioner and Smt.B Sukanya Baliga, learned counsel for the respondents.
4. It is submitted by the learned counsel appearing for the petitioner that, the petitioner was sanctioned with a Loan of ₹15,00,000 by the Respondent-Bank and as such, the petitioner had offered his immovable property for security of the same. It is further contented by the counsel appearing for the petitioner, by referring to Annexure-E that, the petitioner has repaid the entire Loan amount, for which the respondent- Bank has given NOC. Despite the NOC being given to the petitioner as per Letter dated 18.06.2018 (Annexure-E), the respondent-Bank has not released the Title Deeds in respect of the property in question. Accordingly, sought for issuance of a writ of mandamus to the respondent-Bank.
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HC-KAR NC: 2025:KHC:48067 WP No. 6938 of 2020
5. Per contra, Smt.B.Sukanya Baliga, learned counsel appearing for the respondents, submitted that, the petitioner herein was the Guarantor in respect of another Account, in which the Deed of Guarantee has been executed as per Annexure-R2 and therefore, since the subject matter of the property is considered as a Security for the Loan availed by someone, for which the petitioner is a Guarantor, the Respondent-Bank has withheld the documents in respect of the subject matter.
6. In the light of the submission made by the learned counsel appearing for the parties and on careful consideration of the writ papers, it would indicate that, the petitioner had availed the Loan from the Respondent-Bank by depositing the Title Deeds of the property in respect of the Loan Account No.54010835539. Further, on perusal of Annexure-E issued by the respondent-Bank dated 18.06.2018, it would indicate that, the above Loan Account has been closed on 12.04.2013 with interest and the Borrower i.e. the petitioner herein has no other liability subsisting or contingent as on the date of issuing the letter dated 18.06.2018.
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HC-KAR NC: 2025:KHC:48067 WP No. 6938 of 2020
7. In that view of the matter, I pass the following :
ORDER i) Writ petition is allowed; ii) A writ of mandamus is issued to the Respondent-Bank to release the Title Deeds in respect of the property in respect of the Loan Account No.54010835539, as having 'closed', within 3 (three) weeks from the date of receipt of a copy of this order.
SD/- (E.S.INDIRESH) JUDGE
rs List No.: 1 Sl No.: 31