Bhaskar Bhattacharya, J. - (1.) This mandamus-appeal is at the instance of a respondent in a writ-application and is directed against an order dated August 24, 2009 passed by a learned Single Judge of this Court by which His Lordship allowed a writ-application by directing the appellant before us to forthwith return the title-deeds deposited before it by the writ-petitioner as condition of obtaining the loan-facility.
(2.) Being dissatisfied, the appellant, the Central Bank of India, has come up with this appeal.
(3.) In the writ-application, the writ petitioners prayed for the following relief: "a) A writ of and/or writs in the nature of mandamus be issued commanding the respondent-bank and each one of their men, agents and/or subordinates to forthwith take steps to release the security documents and issue No Objection Certificate and No Due Certificate pertaining to the petitioner- company's account with the Burrabazar Branch of the respondent-bank to the petitioner-company which they have not released acting in a mala fide manner, without any further delay and after complying with all formalities; b) A writ of and/or writs in the nature of certiorari be issued directing the respondent authorities concerned and each one of them, their men, agents and/or subordinates to forthwith transmit the entire records of the instance case forming the basis of non-release of the Security Documents and non- issuance of the No Objection Certificate and No Due Certificate pertaining to the petitioner-company's account with the Burrabazar Branch of the respondent-bank to the petitioner-company before the Hon'ble Court and to certify them and/or being so certified to quash the refusal to prove the same; c) Rule of NISI in terms of prayers (a) and (b) made hereinabove; d) An order be issued directing the respondent authorities concerned to forthwith set aside the arbitrary reasons of not having received consent from the respondent No. 1 and release the Security Documents and issue the No Objection Certificate and No Due Certificate pertaining to the petitioner upon compliance with all reasonable and required formalities; e) An order be passed injuncting the respondent Nos. 1 to 3 from creating any ground and realising the security provided by the petitioner-company and/or its Director and release all the Security Documents held by it and issue No Objection Certificate and No Due Certificate pertaining to the petitioner-company's account with the Burrabazar Branch of the respondent- bank to the petitioner upon compliance with all reasonable and required formalities; f) Ad interim orders in terms of prayers (d) and (e) hereinabove; g) Pass such other order or orders and/or direction or directions as Your Lordship would deem fit and proper;";