IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10700 of 2009 M/S DURGA SERVICE CENTRE & ANR Versus THE STATE BANK OF INDIA & ORS ----------- 2 27.8.2009 In the instant writ application the petitioner prays for quashing the letter no.Gen/31 dated 10.8.2009, as contained in Annexure-12, issued by the Branch Manager, State Bank of India, Asarganj Branch, Munger, respondent no.4 whereby he has declined to create equitable mortgage for enhancing cash credit limit. The petitioner states that it would appear from letter dated 26.3.2007 of the Branch Manager that the petitioners repayment Schedue of the account had been very good and as such his cash credit limit can be enhanced from Rs.5/- lacs to Rs.10/- lacs. The Branch Manager stated that he had processed the proposal and agreed in principle to enhance the limit subject to fulfillment of other terms and conditions. As the Bank lawyer was asked to submit the title investigation report in the case of the petitioners, he reported that title of property in question was legal and marketable, free from any anomalies and the bank could accept his property in mortgage. The petitioner states that the Branch Manager vide his letter dated 4.2.2009 stated that his cash credit limit could not be enhanced upto Rs.10/- lacs by way of equitable mortgage based on certified copy of the final decree as per instruction of respondent no.3. The petitioner draws my attention to Annexure-10 wherein 2 querry was made by respondent no.3, the Assistant General Manager, S.B.I. Zonal Office, Bhagalpur. The Bank’s lawyer vide his letter dated 18.4.2009 answered the question which favoured the relief sought for by the petitioner. Learned counsel submits that vide Annexure-12 the Branch Manager informed that he has to create a valid equitable mortgage on the basis of registered mortgage or in alternative, another immovable property having title deed can be accepted. After hearing the learned counsel for the parties this Court is of the view that if the petitioner is aggrieved by order dated 10.8.2009 passed by respondent no.4, he may represent to the higher authority, namely, respondent no.3. Anilkrsinha (Samarendra Pratap Singh, J.)