W.P.(MD)No.27738 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 28.01.2025 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.27738 of 2024 R.Tamilarasan ... Petitioner Vs. 1.The Secretary, Banking Ombudsman, Reserve Bank of India, Fort Glacis, 16, Rajaji Salai, Chennai – 600 001. 2.The Bank Manager, Indian Bank, Sannathi Street, Thiruvanaikovil, Trichy-5. 3.The Manager, Reliance Assets Reconstruction Company Ltd., Registered and Corporate Office, 11th Floor North Slide R-Tech Park, Western Express Highway, Goregan (East), Mumbai – 400 063. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to conduct enquiry to issue No Objection Certificate from the 2nd respondent Bank to the petitioner for his educational loan vide Loan Account No.451342009, on the basis of the petitioner's representation dated 28.10.2024. 1/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.27738 of 2024 For Petitioners : Mr.R.Yamuna For 1st Respondent : Mr.K.R.Laxman Standing Counsel For 2nd Respondent : Mr.C.Karthik Standing Counsel ORDER This Writ Petition is filed, directing the 1st respondent to conduct enquiry to issue No Objection Certificate from the 2nd respondent Bank to the petitioner for his educational loan vide Loan Account No.451342009, on the basis of the petitioner's representation dated 28.10.2024. 2.Heard the learned counsels on either side and carefully perused the entire materials available on record. 3.When the matter was taken up for hearing, the learned Standing Counsel appearing for the 1st respondent on written instructions dated 19.11.2024, submitted that the petitioner's account was already transferred to the third respondent/Reliance Assets Reconstruction Company Ltd., on 30.12.2013 and the petitioner's loan account was closed on 31.03.2015. The said transfer of loan account from the file of the second respondent to the third respondent was effected only because of the petitioner's account was declared as Non Performing Asset before 30.12.2013. This Writ Petition was filed on 15.11.2024. Only after the filing of the Writ Petition, the second respondent has written to the third respondent to issue no objection 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.27738 of 2024 certificate to the petitioner on 18.11.2024. 4.However, the learned counsel for the petitioner is not able to brief this Court as to the date of declaring the petitioner's account as NPA due to the fact that the written submission are bereft of such details. It is also transpire from the above said mail instructions that the petitioner has also raised a complaint before the first respondent in the matter of issuance of no objection certificate. It is further claimed that since the loan has already been transferred to the third respondent, it is only the third respondent who should issue no objection certificate. However, notice has already been served upon the third respondent and the name is also printed in the cause title. No body has turned up to represent on behalf of the third respondent. The petitioner is made to run between the first respondent, second respondent and third respondent since 2015. Having fully discharged the loan, the petitioner is seeking for issuance of no objection certificate only for the purpose of availing a housing loan from the second respondent bank. It is only the second respondent who is insisting for no objection certificate for sanctioning a housing loan. The nature with which, the respondents have dealt with the petitioner for issuance of “no objection certificate” would reflect upon the lethargic attitude adopted by the respondents in issuance of “no objection certificate” to the petitioner. This must have caused unforeseen difficulties because no objection certificate is necessary for the petitioner for availing housing loan or any other loan in future. 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.27738 of 2024 5.In view of the same, I direct the third respondent to issue no objection certificate to the petitioner within one week from the date of receipt of copy of this order. 6.I find that the second respondent has taken more than 10 years to write to the third respondent to issue “no objection certificate” to the borrower. The lethargic attitude of the second respondent bank in batting the petitioner from pillar to post to the first respondent and third respondent warrants this Court to impose a cost of Rs.5,000/- each on the respondents 2 and 3, payable to the credit of the “District Siddha Medical Officer, CCRI, Periyakulam” (payable in Account No.10767823177, SBI, Periyakulam). 7.Hence, this Writ Petition is allowed. Post the matter after four weeks 'for compliance'. 28.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes Mrn 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.27738 of 2024 To 1.The Secretary, Banking Ombudsman, Reserve Bank of India, Fort Glacis, 16, Rajaji Salai, Chennai – 600 001. 2.The Bank Manager, Indian Bank, Sannathi Street, Thiruvanaikovil, Trichy-5. 5/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.27738 of 2024 L.VICTORIA GOWRI, J. Mrn W.P.(MD)No.27738 of 2024 28.01.2025 6/6 https://www.mhc.tn.gov.in/judis