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2013 Supreme(Bom) 1567

B.P.DHARMADHIKARI, A.S.CHANDURKAR
Surendra – Appellant
Versus
Chief Manager & Authorized Officer State Bank Of India Retail Assets Central Processing Centre – Respondent


Advocates Appeared:
For the Petitioner:P. S. Tiwari, Advocate.
For the Respondent:S. N. Kumar (sole), Advocate.

Judgment :

A.S. Chandurkar, J.

1. Heard Mr. P. S. Tiwari learned Counsel for the petitioner and Mr. S. N. Kumar learned Counsel for the respondent.

2. Rule. Rule is made returnable forthwith and heard by consent of the parties.

3. The short question that arises for consideration in the present writ petition is whether a Banker has general lien over documents of security under Section 171 of the Indian Contract Act, 1872 after the customer has fully repaid the amount of loan?

4. The aforesaid question arises on the following facts:-

5. The petitioner was in the employment in the respondent - Bank on the post of the Senior Assistant. During his course of employment, he had obtained a housing loan for a sum of Rs.6.56 lakhs. As a security for the said loan, the petitioner on 23-11-2001 had deposited title deeds of Plot No.605, House No.650 that was owned by him. During the course of employment, disciplinary proceedings were held against the petitioner on account of the alleged fraud committed by him. The petitioner was, ultimately, dismissed from service on 26-5-2010. On 21-7-2012, a notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforce























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