- (1.) The instant writ petition filed under Article 226 of the Constitution prays for quashing orders dated 08.04.2011 (P-12 and 23.08.2011 (P-14). It is admitted as a fact that the petitioner has not released the title deed deposited by the respondent in respect of loan account Nos. 1 and 2 on the ground that the loan amount of account No. 1 has not yet been paid. It is also admitted that in respect of 3rd loan account, the title deed which has been furnished as security for loan account Nos. 1 and 2 are still with the Bank. The aforesaid stand is being taken on the ground that the borrower-respondent Nos. 2 & 3 has made a statement before Hon'ble the Supreme Court that he would clear all the three loan accounts. We put the petitioner to terms that in order to secure any equitable order, he must do equity first by surrendering the title deed in respect of the loan account Nos. 1 and 2 because under the garb that the 3rd loan account has not been cleared, the title deed in respect of the other two loan cannot be retained by the petitioner-Bank. It would have facilitated the payment of third loan as well if the title deeds were handed back to the borrower-respondent Nos. 2 and 3.
(2.) After seeking instructions, Learned Counsel for the petitioner-Bank states that the Bench may pass appropriate order. Accordingly, we dismiss the writ petition as the maxim of equity is that whosoever comes to equity must do equity. Accordingly, the writ petition is dismissed.;