2025:UHC:3363-DB No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS MCC/13912/2025 (Review Application) In SPA No.891 of 2017 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. (Per: Hon’ble Manoj Kumar Tiwari, J.) Mr. M.S. Pal, learned Senior Counsel assisted by Mr. Zaheen, learned counsel for the appellant/review applicant. 2. Mr. Sudhir Kumar Nailwal, learned Standing Counsel for the State. 3. Mr. B.M. Pingal, learned counsel for respondent no.4/ Bank. 4. This appeal was dismissed vide judgment dated 01.05.2025 with cost of ₹25,000/-. The cost was imposed as appellant /applicant relied upon a No Objection Certificate dated 03.12.2004 allegedly issued by the Bank (respondent no.4), however, the Managing Director in his affidavit stated that the No Objection Certificate enclosed with the writ petition is fake document and bank did not issue any certificate to petitioner. 5. Today the matter is listed on a review application. 6. In the review application also, there is no averment regarding No Objection Certificate and 2025:UHC:3363-DB deposit of ₹1 lakh by appellant /applicant in his loan account on 23.02.2005, while No Objection Certificate relied upon by applicant was allegedly issued on 03.12.2004. 7. This Court thus arrived at the conclusion that stand taken by respondent no.4/bank is correct as after liquidation of loan and issuance of No Objection Certificate in favour of appellant/applicant, there was no occasion for him to deposit ₹1 lakh in his loan account. 8. Mr. M.S. Pal, learned Senior Counsel appearing for appellant/applicant now refers to Annexure No.1 to the petition, which is photocopy of Khatauni (revenue record) for contending that appellant /applicant never took any loan from Uttarakhand State Co-operative Bank Limited and he took loans from U.P. Land Development Bank and State Bank of India. 9. Mr. B.M. Pingal, learned counsel appearing for respondent no.4/bank however submits that appellant is now trying to take somersault, as in the writ petition he did not contend that he has not taken any loan from Uttarakhand State Co- operative Bank Limited. He also submits that No Objection Certificate allegedly issued on behalf of respondent no.4 /Bank was also enclosed with the writ petition to show that he has liquidated the loan and after repayment of the loan he is not 2025:UHC:3363-DB liable to pay any further amount to the bank. 10. We find substance in the submission made by Mr. B.M. Pingal, learned counsel appearing for respondent No. 4. In para 1, 4, 5 & 6 of the writ petition, petitioner admits that he took loan from respondent No. 4 but learned Senior Counsel appearing for review applicant submits that applicant did not take any loan from respondent No. 4. 11. Mr. Pingal is right in pointing out that if no loan was taken by the applicant then why did he enclose No Objection Certificate allegedly issued by an officer of respondent No. 4 for contending that the loan taken by him was repaid. Petitioner cannot be permitted to build a new case in review application. 12. The review application is ill-advised and amounts to abuse of process of law for which the review applicant is liable to be punished. We, however, restrained ourselves from imposing punitive cost upon review applicant keeping in view his age and financial status. 13. Law is well settled that review of a judgment can be done only when there is error apparent on the face of the record. It is not the case here. 14. Learned Senior Counsel for the applicant has not been able to point out any error apparent 2025:UHC:3363-DB in the judgment sought to be reviewed. Thus, the Review Application is rejected. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 29.07.2025 SS SUKHBANT SINGH Digitally signed by SUKHBANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7bc7dd 129a8a6380d49b1885e628615, postalCode=263001, st=UTTARAKHAND, serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB4BEB D2B7D72C42261361AED33172F152148D, cn=SUKHBANT SINGH Date: 2025.08.02 17:57:13 +05'30'