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2026 DAILYLAW 19083 (KAR)

MR. ARTHUR JOSEPH PINTO v. MANAGING DIRECTOR AND CEO

WP/37547/2025 · 2026-06-02

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:25701 WP No. 37547 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 37547 OF 2025 (GM-RES) BETWEEN: MR. ARTHUR JOSEPH PINTO AGED ABOUT 77 YEARS S/O LATE B F PINTO, R/AT NO-1, WARE ROAD, FRASER TOWN, BANGALORE-560 005 …PETITIONER (BY SMT. LATHA S SHETTY.,ADVOCATE) AND: 1. MANAGING DIRECTOR AND CEO UNION BANK OF INDIA, UNION BANK BHAVAN, 239, VIDHAN BHAVAN MARG, NARIMAN POINT, MUMBAI- 400021 2. THE GENERAL MANAGER UNION BANK OF INDIA ZONAL OFFICE SAMPIGE ROAD, MALLESHWARAM BANGALORE 560 003 3. THE BRANCH MANAGER UNION BANK OF INDIA, CHEEKANAHALLI BRANCH, BELUR- MUDEGERE ROAD, BELUR TALUK, HASSAN-573115 …RESPONDENTS (BY SRI. VIGNESH SHETTY., ADVOCATE FOR R1 TO R3) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25701 WP No. 37547 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDER OR ISSUED DIRECTION TO THE RESPONDENT NO.2 (BANK) FOR RETURNING THE ORIGINAL MORTGAGED TITLE DEEDS SUBMITTED BY THE PETITIONER AT THE TIME OF AVAILING THE LOAN IN ACCOUNT NO.1 TLA 07-0212269010000001, 2. AGRTL -560931000383684 AND 3. AGRTL -560931000383927 FROM CORPORATION BANK (NOW UNION BANK OF INIDA) AS PER THE MEMORANDUM OF DEPOSIT OF TITLE DEED DATED 14.03.2013 AT ANY RATE WITHIN ONE WEEK.(ANNEXURE -A) AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner is before this Court seeking for the following reliefs: a) Issue a writ of Mandamus or any other writ or order or issued direction to the Respondent no 2 (Bank) for returning the original mortgaged title deeds submitted by the petitioner at the time of availing the loan in Account No 1. TLA 07- 0212269010000001, 2. AGRTL -560931000383684 and 3. AGRTL -560931000383927 from corporation Bank (Now Union Bank of India) as per the Memorandum of Deposit of Title Deed dated 14.03.2013 at any rate within one Week. (Annexure A) b) Issue a writ of Mandamus or any other writ or order or issued direction declaring the letter dated 16.05.2025 issued by the 2nd respondent is not applicable in the petitioner case. (Annexure B) c) Issue a writ of Mandamus or any other writ or order or issued direction to the Respondent no 2 Bank to consider petitioner representation dated 08.06.2025 (Annexure C) d) Issue a writ of Mandamus or any other writ or order or direction declaring the action of the Respondents in not considering the petitioner letter/ representation dated - 3 - HC-KAR NC: 2026:KHC:25701 WP No. 37547 of 2025 08.06.2025 in accordance to law as high handed. (Annexure- C) e) Grant such other relief that this Hon'ble Court may deem fit in the facts and circumstances of the matter. 2. Learned counsel for the petitioner submits that the petitioner and his mother had availed a loan from respondent No.1. 3. The loan having been cleared, the petitioner had approached the respondent for handing over the original documents. The mother having expired, the Bank sought for a legal heir certificate to be furnished to enable the return of the documents. It is in that background that the petitioner is before this Court seeking for the aforesaid reliefs. 4. A notice having been served on the Respondent/Bank, Sri. Vignesh Shetty, learned counsel has entered appearance for the respondent/Bank, submits that there is a dispute between the family members which is pending in OS.No.4025/2022. It is in that background that the respondents are unable to release the documents to the petitioner without a legal heir certificate in the name of the petitioner insofar as the mother is concerned. - 4 - HC-KAR NC: 2026:KHC:25701 WP No. 37547 of 2025 5. Alternatively, he submits that if all the family members were to furnish no objection to the Bank and the petitioner were to execute an indemnity deed in favour of the bank the documents should be furnished. 6. Reserving liberty to the petitioner to avail of the above concession extended by learned counsel for the respondents, the petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 64