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S. K. PANIGRAHI
Balaram Choudhury – Appellant
Versus
Indian Bank, Bhubaneshwar – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Ms. Pami Rath, Sr. Advocate Along with associates
For the Opp. Party:Mr. Tuna Sahoo, Advocate

JUDGMENT

Dr. S.K. Panigrahi, J.—The present Writ Petition has been filed by the Petitioner challenging the notice dated 05.08.2023 issued by the Indian Bank, Bhubaneswar and praying for return of his title deed on the ground of payment of the loan amount.

I. Factual Matrix of the Case

2. Succinctly put, the facts of the case goes as follows:—

(i) The petitioner acquired a home loan of Rs.6,71,000/- vide A/c No.6572029945 with both the petitioner and his wife, Saswati Choudhury, listed as joint borrowers.

(ii) For the said loan, the Petitioner had deposited the original title deeds of his self acquired property details of which are: Flat No. WIG-1108, in Ground Floor, along with Land situated on Plot No. 312 (p) in Khata No. 142/143 with Area: Ac.0.01.15 Dec out of total area of Ac. 9.77dec in District Puri, D.S.R. Puri, P.S. Puri Sadar, No. 78 of Mouza Sipasurubuli.

(iii) The Petitioner’s wife Saswati Choudhury has a separate business with one Mrs. Anita Dutta under the partnership Firm namely M/s. Koshish.

(iv) The partners availed a loan from the same bank, on behalf of the firm, of Rs.20 Lakh dated 06.02.2018 under Loan account No.OCC6609955107 and also availed a Term Loa

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