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2022 Supreme(Mad) 3926

T. RAJA, D. KRISHNAKUMAR
State Bank of India, Rep. by its Deputy General Manager – Appellant
Versus
Thilagavathi Traders, Rep. by its Managing Partner, P. K. Pounraj – Respondent


Advocates Appeared:
For the Appellants : Mr. M.L. Ganesh.
For the Respondents: Mr. K. Raju for M/s. Tatva Legal Chennai.

JUDGMENT :

(T. Raja, J.)

(Prayer: Appeal under Clause 15 of the Letters Patent against the order dated 1.12.2021 passed in W.P.No.10970 of 2019.)

This writ appeal has been directed against the impugned order dated 1.12.2021 passed in W.P.No.10970 of 2019, by which the prayer of the writ petitioner/first respondent herein to direct the first appellant herein to return the original documents of title relating to the property, being the vacant commercial site measuring 15511.71 sq.ft. at S.Nos.261 and 262 in Vellegoudampalayam Village, Dharmapuri Taluk, was allowed.

2. Learned counsel appearing for the appellants assailing the impugned order argued that the writ petitioner/first respondent herein had approached the Agri Commercial Branch of State Bank of India and availed credit facilities by way of overdraft to the tune of Rs.5 crores in the year 2014 by mortgaging its property, being the vacant commercial site measuring 15511.71 sq.ft. at S.Nos.261 and 262 in Vellegoudampalayam Village, Dharmapuri Taluk, to the first appellant/bank as security. The aforesaid property was shown as additional security for the loan obtained by PKB Feed Mills Private Limited and, therefore, the original do

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