CIVIL WRIT PETITION NO. 11587 OF 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION : September 07, 2009. Parties Name Priya Narang and another ...PETITIONERS VERSUS Standard Chartered Bank and another ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASBIR SINGH PRESENT: Ms. Jigyasa Tanwar, Advocate, for the petitioners. Mr. Arun Singal, Advocate, for the respondents. JASBIR SINGH, J. (oral) ORDER: Petitioners have filed this writ petition, with a prayer that directions be issued to the respondents to return the original sale deed, general power of attorney and the allotment letter, which were entrusted to them (respondents) as a security when they( petitioners) raised loan, in the year 2004. It is apparent from the records that the petitioners took a loan of Rs. 10,00,000/- from the respondents on September 27, 2004. Petitioner No. 2 also took a personal loan of Rs. 1,00,000/- on January 3, 2005. To CIVIL WRIT PETITION NO. 11587 OF 2007 -2- secure repayment of the loan amount, sale deed of the house of the petitioners bearing No. 3864 , Sector 32-A, Ludhiana, general power of attorney and allotment letter, regarding that property, were handed over to the respondent – Bank . Thereafter, the petitioners also took some more amount as a loan. It is not in dispute that the loan was raised against two accounts , one account was closed on September 18, 2006, being fully satisfied, second account was closed on May 22, 2007, after paying entire amount due to the Bank. Thereafter, the petitioners made a request for return of the documents, mentioned above, despite repeated requests, documents were not handed over to the petitioners, which compelled them to file this writ petition. Notice of motion was issued on August 2, 2007. Thereafter, the matter was adjourned on many dates. In their reply, the respondents have admitted that the documents submitted by the petitioners were not available and are misplaced. It was further stated by them that the efforts were being made to locate those documents. On August 19, 2009, following observation was made by this Court: “Loss of documents, handed over by the petitioners to the respondent – bank, is virtually admitted. Documents were to be returned in the year 2006, when entire amount due was paid by the petitioners to the bank. It is a case where respondents are duty bound to pay heavy compensation to the petitioners.” It is not in dispute that the petitioners can get certified copy of the documents in question. However, by misplacing those documents, the CIVIL WRIT PETITION NO. 11587 OF 2007 -3- Bank authorities have shown utmost negligence, when in the year 2007, request was made to them to locate the documents, they tried to put off the matter on one pretext or the other and gave no plausible explanation for loss of the documents. There is nothing on record to show that what efforts were made to locate the documents and further that how those documents were misplaced. Non-action on the part of the respondent – Bank has compelled the petitioners to file this writ petition causing unnecessary harassment to them. In this process, they may have spent huge amount also. For getting certified copies of the documents, they are supposed to spend further amount and also to visit several offices, who knows, how many times? In view of facts, mentioned above, this writ petition is disposed of by ordering the respondents to pay costs / compensation to the petitioners to the tune of Rs. 40,000/- (forty thousand) for loss of the documents and causing unnecessary harassment. The compensation amount be paid to the petitioners within one month from today, failing which, the petitioners shall be entitled to get interest thereon at the rate of 10% per annum simple till realization of the amount. ( Jasbir Singh ) Judge September 07, 2009. DKC