IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.997 OF 2009 WITH SUIT NO.998 OF 2009 Bank of India ..Plaintiff Vs. Brahmanand R. Pandey & Ors. ..Defendants Mr.O.A.Das for plaintiff. Mr.Vijay S.Gharat for defendant No.1. Mr.Vinayak Sawant i/b. N.K.Kamat for plaintiff in Suit No.2053 of 2006. CORAM : S.J.KATHAWALLA,J. DATE : FEBRUARY 23, 2011 P.C.: 1. The learned Advocate appearing for the plaintiff informs the Court that the plaintiff bank has received the amounts due to the plaintiff. He, therefore, has instructions to withdraw the suit. However, he submits that the documents of title pertaining to the property mortgaged to the plaintiff are in possession of the plaintiff. He submits that the Oriental Bank of Commerce (Ghatkopar Branch) has filed a suit in this Court bearing Suit No.2053 of 2006 wherein it is alleged that the Defendants have mortgaged the same property to the said Oriental Bank of Commerce. The plaintiff bank is also joined as party defendant No.3 to the said suit. It is, therefore, submitted that the plaintiff is willing to handover the title deeds of the mortgaged property to the Oriental Bank of Commerce. 2. The learned Advocate appearing for the defendant submits that the plaintiff may hand over only such documents to the Oriental Bank of Commerce which pertain to the mortgage created by the defendants in favour of the said Oriental Bank of Commerce and hand over the remaining documents to the defendants. The learned Advocate appearing for the Oriental Bank of Commerce informs the Court that if the Plaintiff bank hands over the necessary documents to the Oriental Bank then they are prepared to delete the name of the Plaintiff bank as Defendant No.3 from Suit No.2053 of 2006. In view thereof, following order is passed: ORDER a. The plaintiff shall handover all documents in their possession pertaining to shop No.8, Sai Chand Tara Building, Sai Baba Complex, Goregaon (E), Mumbai – 400 063 to the Oriental Bank of Commerce within two weeks from today. b. The remaining documents shall be handed over by the plaintiff to the defendants within a period of two weeks from today. c. Upon the Oriental Bank of Commerce receiving the said title deeds from the plaintiff as set out in clause (a) above, the Oriental Bank of Commerce shall, within a period of two weeks, move this Court and obtain necessary directions for deleting the name of the plaintiff who is joined as defendant No.3 in Suit No. 2053 of 2006. d. The above suit is accordingly disposed of as withdrawn. e. Refund of Court Fees, if any, as per rules to the plaintiff. (S.J.KATHAWALLA,J.)