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2021 Supreme(P&H) 853

AJAY TEWARI, RAJESH BHARDWAJ
Sudershana Puri – Appellant
Versus
Punjab And Sind Bank – Respondent


Advocates Appeared:
Mr.Vikas Bali, Advocate, for the petitioners; Mr.Anand Bir Singh Sidhu, Advocate,

JUDGMENT

Ajay Tewari, J. (Oral) - By this petition, the petitioners have claimed that despite order dated 19.01.2021 passed by this Court in CWP No.1061 of 2021 (O&M), the title deeds have not been returned.

2. In an earlier petition i.e. CWP No.1061 of 2021 (O&M) (Annexure P-12), the following order was passed on 19.01.2021:

"1. This petition has been filed with the grievance that the petitioners are ready to pay the entire outstanding amount but the respondent-Bank is illegally refusing to return the title deeds on the pretext that there are other decrees against the owner of the house.

2. The precise grievance of the learned counsel for the petitioners is that this house was never mortgaged against those loans and therefore, the title deeds can not be retained by the respondents-Bank and the respondents-Bank can resort to other remedies to recover their money.3. Counsel for the respondents-Bank has very fairly stated that he is not in a position to deny that only mortgaged assets can form a part of SARFAESI proceedings and the house in question was not mortgaged in respect of the other loan for which the respondents-Bank has obtained the decree.

4. Counsel for the petitioners states

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