Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 48951 (CHH)

GOLDEN AUTO AGENCY v. BANK OF BARODA

WPC/4764/2025 · 2025-12-10

Shri Parth Prateem Sahu

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:60218 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4764 of 2025 1 - Golden Auto Agency Through Its Partner Syed Faishal Ali S/o Late Syed Abrar Ali, Aged About 48 Years, R/o Near Archana Vihar, Gandhi Nagar, Tehsil And District- Bilaspur, C.G. --- Petitioner(s) versus 1 - Bank Of Baroda Branch Tilak Nagar, Bilaspur, Through Its Authorized Officer Address- Aditya Complex, Devkinandan Chowk, Tilak Nagar, Tehsil And District- Bilaspur, C.G. --- Respondent(s) ____________________________________________________________ For Petitioner : Shri Syed Faishal Ali, petitioner in person. For Respondent : Mr. Ankit Singhal, Advocate Hon'ble Shri Justice Parth Prateem Sahu Order On Board 11/12/2025 1. Petitioner has filed this petition seeking following relief (s) “(i) Issue an appropriate writ, order, or direction quashing the Annexure P-8 and P-9 whereby illegal demand of Rupees raised by the Respondent Bank and further kindly be quash the NPA declaration. (ii) Direct the Respondent Bank to forthwith release the original property papers and issue a valid “No Dues Certificate (NOC)” in favour of the petitioner; BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.12.15 11:35:45 +0530 2 (iii) Pass any other or further orders as this Hon’ble Court may deem fit and proper in the interest of justice.” 2. Grievance of petitioner is against the declaration of account of petitioner as NPA and further that petitioner is ready to deposit the amount, however, the Bank is not disclosing the actual amount to petitioner so that he can deposit the entire outstanding against him and to get mortgage documents back. 3. Learned counsel for respondent submits that according to the observation made by this Court on the last date of hearing, he verified the outstanding against petitioner as on 04.12.2025 and according to e-mail forwarded by Bank to him mentions the outstanding balance of Rs.4,46,323.13 + interest Rs.30,000/- + legal charges Rs.48,000/- making it total outstanding (including all other charges) as Rs.5,24,323.13. He submits that according to his instructions by depositing the amount as mentioned in the e-mail of Rs.5,24,323.13 as on 04.12.2025, loan amount outstanding against petitioner would be clear and further proceedings would be initiated thereafter. 4. Petitioner submits that according to the documents provided by the Bank to to him on 09.12.2025, the unserviced amount for up-gradation is shown as Rs.4,46,191.40, however, the statement of the outstanding loan is not provided. 5. I have heard petitioner in person as also the counsel for respondent. 6. On the last date of hearing, submission was made by petitioner in person that if Bank authorities disclosed the total outstanding as on date, he will deposit and make the loan account clear and thereafter, a direction be issued to the Bank to return back the mortgage document. 3 Today submission of petitioner-in-person is that Bank officials are not providing, statement of loan account so as to verify as to how the interest has been calculated and what is the principle amount balance and what is interest. 7. Counsel for respondent submits that if petitioner is aggrieved with the calculation of the outstanding amount, petitioner can very well file application/proceedings before the banking Ombudsman for redressal of his grievance. 8. In view of the aforementioned facts of the case, submission of learned counsel for the parties, this writ petition is disposed of with liberty to petitioner to approach the appropriate authority by way of filing appropriate proceedings if he is dissatisfied with the calculation of the outstanding amount by the Bank. 9. With the aforesaid observation and directions, this petition stands disposed off. Sd/- (Parth Prateem Sahu) Judge Balram