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2011 Supreme(Mad) 934

T.S.SIVAGNANAM, M.Y.EQBAL
State Bank of India – Appellant
Versus
Jayanthi – Respondent


Advocates Appeared:
For the Petitioners:G. Masilamani, Senior Counsel for Ramalingam & Associates, Advocates.
For the Respondents:R. Krishnamoorthi, Senior Counsel for Yasmin Ali, Advocate.

JUDGMENT :-

1. This Appeal is directed against the judgment and order dated 7th June, 2010, passed in W.P.No.25277/2010, whereby learned Single Judge allowed the Writ Petition filed by the Respondents/Writ Petitioners and a Mandamus was issued directing the Appellant-Bank to return the title deeds to the Writ Petitioners, which was deposited by the late husband of the 1st Respondent by way of security as against the loan availed by him.

2. The facts of the case lie in a narrow compass. One Late N.P.S. Mahendran, husband of the 1st Respondent and father of Respondents 2 and 3 was running two establishments under the name of M/s. Aarthi Bala Tea Plantations and M/s. Sanjay Bala Tea Plantations. The deceased availed loan from the Appellant-Bank and deposited the Title Deeds by way of collateral security and also executed various documents in order to secure due payment of loan. After the death of the said N.P.S. Mahendran, the Respondents/Writ Petitioners became liable to pay Rs.1,14,86,428.32, which was outstanding in several loan accounts. The 1st Respondent, window, liquidated the entire outstanding dues lying in the account and the Bank, after acknowledging the same, issued ‘No Due

























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