Tripura High Court
WP(C)/139/2024 of Sri Kalinath Das Vs UCO Bank and Ors. on 27 February 2024
HIGH COURT OF TRIPURA _A_G_A_R_T_A_L_A_ WP(C) No.139 of 2024 For Petitioner(s) : Mr. D. Bhattacharjee, Sr. Advocate. Mr. S. Chakraborty, Advocate. For Respondent(s) : Mr. S. Talapatra, Advocate. HON’BLE MR. JUSTICE T. AMARNATH GOUD HON’BLE MR. JUSTICE BISWAJIT PALIT _O_ R_ D_ E_ R_
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27.02.2024
Heard.
It is a case of the petitioner that the petitioner is a guarantor and the un-official respondent is the borrower of loan from the UCO Bank-respondent. Subsequently, the loan amounts were settled after protracting litigation before the DRT and also one writ petition [WP(C) No.1089 of 2016] is filed before this Court.
In the present circumstances, the learned senior counsel appearing for the petitioner has placed on record a letter dated 22.06.2023 communicated from the bank to the petitioner indicating that the petitioner has to pay Rs.2,44,109.55/-towards the interest and under other heads. In pursuance of the same, the petitioner on 28[th] June, 2023 has also made the payment and the proof of payment (bank challan) is placed on record.
After making such payment, there is no pleading or any documents is placed before this Court to say that the petitioner has approached before the respondent-bank and sensitize them with regard to the making of absolute payment to their satisfaction. Since the same is settled, a request was made for release of the title deed which in lien with the bank.
When this Court has pointed out with regard to the steps taken by the petitioner for obtaining necessary documents after making due payment, there was no reply and further learned senior counsel appearing for the petitioner upon instruction has represented before this Court that liberty may be given to the petitioner i.e. the guarantor and the borrower together to apprise the matter with the respondent-bank and make demand for releasing their documents.
In view of the same, learned senior counsel has prayed to withdraw the present writ petition with a liberty for approaching before the respondent-bank.
Request considered.
The present petition stands disposed of as withdrawn with a liberty as prayed for.
B. PALIT, J T. AMARNATH GOUD, J