JUDGMENT

(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the communication passed by the 2nd respondent Bank dated 28.09.2017, quash the same and consequently, direct the respondent Bank to return the title deeds of the petitioner.)

1. The communication issued by the 2nd respondent / IDBI Bank dated 28.09.2017 is sought to be quashed in the present writ petition.

2. The impugned communication reveals that the dispute regarding the waiver of foreclosure charges were pending before the High Court in a writ proceeding during the relevant point of time and therefore, the 2nd respondent / IDBI Bank expressed his inability to consider the request of the petitioner to return the original documents deposited by the petitioner, while borrowing the loan.

3. The learned counsel for the writ petitioner made a submission that the conduct of the respondent/Bank in not returning his original documents, despite the consent given by the petitioner to recover the foreclosure charges is arbitrary.

4. That apart, it is brought to the notice of this Court by the learned counsel appearing on behalf of