- (1.) This appeal is directed against a judgment and/or order dated 1st December, 2009 passed by the Hon'ble First Court allowing the Writ Petition No. 411 of 2007 and thereby directing the Appellant bank to return the securities to the Respondent No. 1.
(2.) The writ Petitioners/Respondents filed the writ petition inter alia praying for the following order: (a) A writ in the nature of Mandamus do issue commanding the Respondent bank to withdraw and/or cancel and/or rescind and/or revoke the three several letters dated April 11, 2006, June 16, 2006 and August 30, 2006 being Annexure- hereto; (b) A writ in the nature of Mandamus do issue commanding the said Respondent bank and each of them to act in accordance with law and to release the securities/security documents namely the said Lease Deed in Original for the said premise, the Deeds of Personal and Corporate Guarantees and the Deed of Hypothecation of raw materials, stocks and goods; (c) A writ in the nature of Certiorari do issue commanding the said Respondent bank and each of them to certify and transmit all records relating to such satisfaction of claim and upon satisfaction of claim and upon consideration of all such records to pass appropriate orders including a direction to release such securities/security documents so as to do conscionable justice; (d) Rule NISI in terms of prayers above and in the event no cause or insufficient cause is shown, the Rule be made absolute; (e) Injunction restraining the Respondent bank from enforcing any of the securities/security documents namely the said Lease Deed in Original for the said premise, the Deeds of Personal and Corporate guarantees and the Deed of Hypothecation of raw materials, stocks and goods in manner whatsoever; (f) Direction upon the Respondent bank to release and handover the securities and securities documents namely the said premise, the Deeds of Personal and Corporate Guarantees and the Deed of Hypothecation of raw materials, stocks and goods; (g) Ad interim order in terms of the prayer (e) and (f); (h) Costs of and/or incidental to this application be borne by the Respondent bank; (i) Such further or other order or orders and/or direction or directions be given as this Hon'ble Court may deem fit and proper.
(3.) It appears that His Lordship after hearing the parties was pleased to allow the prayers (a) and (b) of the petition.;