Karnataka High Court
Smt Shivani Singh vs The Chief Manager (Maintenance) State ... on 3 July, 2025
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
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NC: 2025:KHC:23930
WP No. 35115 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 35115 OF 2024 (GM-RES)
BETWEEN:
1. SMT. SHIVANI SINGH
W/O SRI. VIPIN VERMA,
AGED ABOUT 42 YEARS
REP BY HER POWER OF
ATTORNEY HOLDER
SRI. RAM KUMAR SINGH
S/O.LATE.SRI.MOTILAL SINGH
AGED ABOUT 83 YEARS,
RESIDING AT NO.D-161,
SPAZE PRIVY SECTOR-72,
GURUGRAM, HARYANA-122101.
...PETITIONER
(BY SRI. R B SADASIVAPPA., ADVOCATE)
Digitally AND:
signed by
VIJAYA P
1. THE CHIEF MANAGER
Location:
HIGH (MAINTENANCE)
COURT OF STATE BANK OF INDIA
KARNATAKA
NO.117, GROUND FLOOR,
EPIP PHASE-1, ROAD NO.3
NEIL RAO TOWERS,
RACPC, WHITE FIELD,
BENGALURU-66.
...RESPONDENT
(BY SMT. SADHANA S DESAI., ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING
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NC: 2025:KHC:23930
WP No. 35115 of 2024
HC-KAR
THE RESPONDENT BANK TO RETURN THE ORIGINAL TITLE
DEEDS/ DOCUMENTS REFERRED AS PER ANNEXURE-B
AND LOAN DISCHARGE CERTIFICATE.
THIS PETITION, COMING ON FOR FRESH MATTERS,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
ORAL ORDER
Petitioner has sought for issuance of writ in the nature of mandamus to direct the respondent - Bank to return the original title deeds referred as Annexure-B.
2. It is the case of the petitioner that the petitioner and her mother had admittedly taken loan from the respondent - Bank by depositing title deeds. It is made out from the affidavit that the mother of the petitioner expired leaving behind the petitioner, her father and her brother. It is specifically asserted by the petitioner that her brother is residing in the United States of America but his address and whereabouts are not known. It is not in dispute that there is a closure of the loan account as is -3- NC: 2025:KHC:23930 WP No. 35115 of 2024 HC-KAR evidenced by the certificate dated 30.06.2022 at Annexure-C.
3. It is submitted that an affidavit has been given by Sri. Ram Kumar Singh, father of the petitioner who also happens to be the GPA holder of petitioner. It is submitted that the affidavit given is to the effect that the daughter who is the petitioner has no objection for handing over of original documents to the father. Petitioner further submits that indemnity bond could be executed in order to indemnify any claim, if made regarding the documents that are to be handed over to the father of the petitioner.
4. In light of the undertaking given by the petitioner, the Bank may proceed to issue the original title deeds to the father of the petitioner. Needless to state the petitioner is to adhere to the undertaking of executing indemnity bond in the form as required by the respondent
- Bank. Respondent - Bank to furnish loan discharge -4- NC: 2025:KHC:23930 WP No. 35115 of 2024 HC-KAR certificate to enable the petitioner to have the encumbrance cleared.
5. Accordingly, petition is disposed off.
Sd/-
(S SUNIL DUTT YADAV) JUDGE VP