##PAGE1##

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION No.22611 of 2025

29.12.2025

Between:

Padala Srinivasa Reddy,

…Petitioner

AND

IDBI Bank Limited,

Regional Office, at IDBI Tower,

WTC Complex, Cuffe Parade, Mumbai

Rep. by its Regional Manager & 3 others

…Respondents

ORDER:

This Writ Petition is filed questioning the action of

respondents 1 and 4 in not releasing the original documents,

which were mortgaged with respondent No.2 - Bank towards the

security against loan account of the petitioner vide Account

No.0446655100001120, in spite of clearing the entire loan

amount and a No Due Certificate dated 01.07.2025, was also

issued by respondent No.2 is illegal, arbitrary, unjust

2

unconstitutional and in violation of principles of natural justice

and consequently direct the respondents 1 and 4 to release the

original documents which were mortgaged as security for subject

loan accounts of the petitioner.

2. Heard Mr K.Gani Reddy, learned counsel for the petitioner,

Sri K.P.Saradhi, learned counsel for respondent Nos.1 to 3 and

Sri T.Srujan Kumar Reddy, learned Special Public Prosecutor for

CBI, for respondent No.4. Perused the record.

3. When the matter is taken up for hearing, learned counsel

for petitioner submitted that the issue raised in this Writ Petition

is squarely covered by the order dated 13.07.2023 passed by this

Court in W.P.No.23651 of 2020 and therefore, the same order

may be passed in this writ petition as well.

4. Learned Special Public Prosecutor for CBI, for respondent

No.4 vehemently opposed for the same stating that the averments

made by the petitioner in paragraph No.6 of the petition about

non release of original documents pertaining to mortgage

properties even after clearing entire loan amount and issuing no

due certificate is a matter of fact. It is submitted that clearing the

amounts due to IDBI Bank and issuance of no due certificate

3

does not take away the criminal liability of the

petitioner/borrower. In fact the petitioner accepted the settlement

of the liabilities with a condition that the settlement is subject to

continuation of criminal proceedings pending with CBI/ED and

release of title deeds will be after obtaining clearance from

CBI/ED. But, the petitioner now came forward with the present

request which is contrary to the terms and conditions accepted

by them at the time of settlement. It is also submitted that, the

petitioner is not clear as to which mortgaged property and title

deeds he is referring to. Therefore, it is stated that the writ

petition is devoid of merits and the same is liable to be dismissed.

5. Learned counsel for respondent Nos.1 to 3 filed a counter

affidavit denying all allegations made by the petitioner. It is

stated that the petitioner suppressed the fact that the matter is

under investigation by the CBI (Crime No.6(A)/2018 under

Sections 13(2) r/w 13(1)(c)&(d), 120B r/w 420, 409, 468, 471) for

fraud in obtaining the loan. All documents relating to the

fraudulent loan have been seized by the CBI and are in its

custody, including the title deeds. The bank has confirmed that

the documents can be produced if required for investigation or

4

trial. Therefore, the petitioner’s claim that the bank is retaining

the original documents after loan clearance is incorrect and

unsupported. Therefore, the Writ Petition is devoid of merit and

the same is liable to be dismissed.

6. Having considered the respective contentions and perused

the record, it may be noted that this Court, on 17.12.2025,

considering the similarity of the present writ petition with

W.P.No.23651 of 2020, wherein the petitioner therein was

directed to file an undertaking stating that he will produce the

property documents as and when required by the investigating

authority, this Court directed the petitioner herein also to file

similar undertaking.

7. In compliance with the direction of this Court on

17.12.2025, the petitioner filed an Affidavit dated 18.12.2025,

wherein he undertook a