Court enforces bank's assurance to retrieve and return original sale deed from DRT to property purchaser.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-03-2026 CORAM THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY AND WMP NO. 12402 OF 2023 M/s.Velavan Stores Silk Private Limited., Registered office at 52, Gin Factory Road, Thoothukudi 628 002.

Rep by its Director T.Maharajan, S/o.A.Thangavel, No.161- H, Ettaiyapuram Road, Thoothukudi - 628 002.

Petitioner(s)

Vs M/s.UCO Bank Rep by its Chief Manager, MID Corporate Branch, T.Nagar, Chennai-600 017.

Respondent(s)

PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, directing the respondent herein to take appropriate steps for collecting the original Sale Deed dated 31.03.2004, Document No.950 / 2004, registered in the office of Sub- Registrar T.Nagar which was filed along with the O.A. No.649 / 2015 on the file of the Debts Recovery Tribunal -II, Chennai and to handover the same to the petitioner within a time that may be fixed by this Court.

For Petitioner(s): Mr.D.Kamachi For Respondent(s): Ms.T.Hemalatha,

ORDER

This writ petition has been filed seeking to direct the respondent herein to take appropriate steps for collecting the original Sale Deed dated 31.03.2004, Document No.950 / 2004, registered in the office of Sub- Registrar T.Nagar which was filed along with the O.A. No.649 / 2015 on the file of the Debts Recovery Tribunal -II, Chennai and to handover the same to the petitioner within a time frame to be fixed by this Court.

2.Learned counsel for the petitioner would submit that the properties situated at Door No.79, Usman Road, T.Nagar, Chennai 600 017 and Door No.19/3 & Door No.49, Sarojini Street, T-Nagar, Chennai – 600 017 was mortgaged by M/s.Ratna Stores Pvt Ltd., to the respondent Bank. Since the said M/s.Ratna Stores Pvt Ltd., committed default in repayment of loan, the aforesaid properties were brought for sale by the Official Liquidator. The petitioner purchased the aforesaid properties through a sale deed dated 05.09.2019 from the Official Liquidator. Before the purchase of the said properties it was informed to the petitioner that the original sale deed of the aforesaid properties were filed as a document in O.S.No.649 of 2015 and the respondent assured the petitioner in writing that the respondent Bank will get back the original sale deed of the aforesaid properties from DRT-II, Chennai, by filing necessary application, within a period of 30 days from the date of execution of the sale deed. However, till date the same has not been handed over to the petitioner. Hence, the present writ petition.

3.Learned counsel appearing for the respondents would submit that the respondent has already filed a necessary application to get back the original sale deed of the subject properties before the DRT-II, Chennai and it may take another eight weeks to get the documents. He would further submit that once the documents are received by them from the DRT-II, Chennai the same will be handed over to the petitioner.

4.Heard the learned counsel for the petitioner as well as the learned counsel appearing for the respondent.

5.In view of the above, recording the submissions made by the learned counsel appearing for the respondent, the respondent is directed to take speedy steps to get back the documents filed in O.S.No.649 of 2015 and return the same to the petitioner, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6.As there is no dispute with the petitioner’s entitlement to get back their documents pertaining to the subject properties, if any application is made for the purpose of getting back the said documents, the DRT-II, Chennai is directed to consider the same and pass order to return the aforesaid documents, within a period of four (4) weeks from the date of re