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2025 DAILYLAW 35848 (CHH)

GOLDEN AUTO AGENCY VYAPAR VIHAR BILASPUR (C.G.) v. GOVERNMENT OF INDIA

WPC/3839/2025 · 2025-07-22

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:35345 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3839 of 2025 Golden Auto Agency Vyapar Vihar Bilaspur (C.G.) Through Its Partner And Mortgager Syed Faishal Ali Aged About 48 Year S/o Late Syed Abrar Ali R/o Near Archna Vihar Gandhi Nagar Bilaspur Tahsil And District Bilaspur (C.G.) ... Petitioner(s) versus 1 - Government Of India Through Its Finance Mantralaya, Vittiya Seva Vibhag (Banking Prabhag) New Delhi, 2 - Vijiyabank, Tilak Nagar Bilaspur (C.G.) Branch Bilaspur (C.G.), Now Merged In The Bank Of Baroda Bilaspur, Through It Branch Manager, Bank Of Baroda Branch Bilaspur, Aditya Complex, Devkinandan Chowk Tilak Nagar Bilaspur (C.G.). ---- Respondents For Petitioner : Mr. Suresh Kumar Pandey, Advocate For Respondent No.1 : Mr. Ramakant Mishra, DSGI For Respondent No.2 : Mr. Ankit Singhal, Advocate Hon'ble Shri Justice Arvind Kumar Verma Order on Board 23/07/2025 Heard. VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.07.23 18:02:13 +0530 2 1. The petitioner has been filed this writ petition on the following relief(s) : “10.1 That, this Hon'ble Court may kindly be pleased to call the entire records from the offices of the bank authorities. 10.2 That, this Hon’ble Court be kindly pleased to direct the Respondents specially the Respondent No.2 to get released the property paper of the petitioner by issuing NOC, since the entire loan amount had been paid by the petitioner and no further amount is rest to be paid by the petitioner with its all ancillary effects. 10.3 That, this Hon’ble Court be kindly pleased to restrained the respondents specially the respondent No.2, to get proceed any further action with regards to their loan account till the adjudication of the instant petition. 10.4 That any other relief/order, which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may also be granted in favour of the petitioner and against the Respondents.” 2. Learned counsel for the petitioner contended that the Petitioner is challenging the entire Acts, omissions and the conducts of the Respondent Bank Authorities, specially by the Respondent No.02 , by whom even after the deposit of the entire loan amount by the Petitioner, vide dtd. 19.05.2025, been taken under the Bank Credit 3 limit, lastly by the Tune of Rs. 4,73,500/- as demanded by the Bank Authorities calculating as the entire loan amount,as on dtd. 19.05.2025, and thereafter as per the bank record on dtd. 22.05.2025. at about 12.25 hours, the balace in the Loan account No. 78550500000034 been registered in the name of the Golden Auto Agency, vyapar Vihar Bilaspur, had been shown as Zero, and thereof the computer generated copy of the same account records were also got supplied to the Petitioner, but thereafter the mortgaged property of the Petitioner are not being returned to the Petitioner by the Bank Authorities, despite the written submission of the Petitioner, vide dtd. 17.06.2025 sent through registered post to the Respondent No.02, which had also been received to him on dtd. 18.06.2025 in order to returned their Property papers with NOC, but ever since the same had not been returned back to the Petitioner and orally also not giving any satisfactory answer and thereby kept withheld, without there being any lawful grounds. 3. Learned counsel for respondent No.2 contended that the Bank authority is ready to decide the application made by the petitioner Annexure P-6 dated 16.06.2025 within two weeks from today. 4. I have heard learned counsel for the parties and perused the record with utmost circumspection. 5. Considering the facts and circumstances of the case and submission made by learned counsel for the parties, at this stage this writ petition is disposed of with a direction to respondent No.2 to consider and 4 decide the application made by the petitioner Annexure P-6 dated 16.06.2025 expeditiously preferably within a period of within two weeks from today in an objective manner as per rules, regulations and law. 6. Accordingly, the instant petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant