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2025 Supreme(Online)(Mad) 64467

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Anand Venkatesh, J
S.Nirmala – Appellant
Versus
The General Manager-I State Bank of India – Respondent


Advocates:
For the Appellants/Petitioners: Mr.S.John Josh
For the Respondents: Mr.M.L.Ganesh

Table of Content
1. introduction to the petition's purpose and circumstances. (Para 1 , 2 , 3)
2. issues related to the missing documents and the bank's responsibilities. (Para 4)

ORDER

This writ petition has been filed for a direction to the respondent Bank to return back the original documents which were given as a security by the petitioner.

2.The respondents 1 to 3 have filed the counter affidavit. The relevant portions are extracted hereunder:

3. At the outset, I respectfully state that the petitioner's husband had availed a housing loan in the year 2010 to the tune of Rs.24,84,000/-from State Bank of Mysore and created an equitable mortgage by depositing the original sale deed, registered as Doc.No.3601 of 2010 SRO Villivakkam to secure the said loan liability.

4. 1 further state that the petitioner's husband had died on

11.04.2019 due to certain illness. Subsequently the petitioner had voluntarily pre-closed the said housing loan not by pressure exerted by the respondent bank.

5. I further state that the respondents had made sincere efforts to retrieve the original documents but unsuccessful solely for the reason that subsequent to the merger of State Bank of Mysore with State Bank

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