Raja Agrawal v. State Bank Of India Vyapar Vihar Branch
WPC/37/2017 · 2025-12-14
Shri Narendra Kumar Vyas
body2025
DailyLaw.ai
[ 2025 DAILYLAW 61037 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61037 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:60913
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 37 of 2017 1 - Raja Agrawal S/o Bhimsen Agrawal, Aged About 40 Years R/o In Front Of Parsuram Bhawan, Gali No. 03, Imlipara, Bilaspurd, Tahsil And District Bilaspur, Chhattisgarh, Chhattisgarh
... Petitioner(s) versus 1 - State Bank Of India Vyapar Vihar Branch Bilaspur, District Bilaspur, Chhattisgarh, Chhattisgarh 2 - Anil Kumar Trivedi, S/o Late Shri Prabhudayal Trivedi, Aged About 55 Years Caste Bramhan, Occupation Service, R/o Adjacent To Bela Apartment, Near Basant Vihar Chowk, Lingiyadih, Bilaspur, Police Station Sarkanda, Tahsil And District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh 3 - District Magistrate, Bilaspur, District Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh 4 - Tahsildar, Bilaspur, District Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh 5 - Rajesh Kumar, S/o Late Ratan Singh Thakkar, Aged About 62 Years Caste Gujrati, Occupation Business, R/o Magarpara, Samta Colony, Police Station, Civil Lines, Bilaspur, Tahsil And District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh
... Respondents For Petitioner : Mr. H.B. Agrawal, Sr. Advocate with Ms. Preeti Yadav, Advocate. For Res. No. 1 : Mr. P.R. Patankar & Mr. Mayank Mulchandani, Advocate. For Res. No. 5 : Mr. Srijan Pandey, Advocate. Hon'ble Shri Justice Narendra Kumar Vyas
Order on Board 15/12
/2025
1. This petition has been filed by the petitioner assailing order dated 28.11.2016 passed by the District Magistrate Bilaspur in Misc. (Safaesi) Case No. 35/B-121/2015-16 (State Bank of India Vyapar Vihar Branch, Bilaspur Vs. Anil Kumar Trivedi) by which the respondent/Bank was
directed to take possession of the house which was mortgaged by the ARUN KUMAR DEWANGAN Digitally signed by ARUN KUMAR DEWANGAN Date: 2025.12.16 10:44:12 +0530
2 Bank.
2. This Court vide order dated 06.01.2017 directed the parties to maintain status quo in relation to possession over the property and the same continued. This Court vide order dated 02.05.2017 directed to the petitioner to deposit the loan liability along with interest which comes to Rs. 4,52,000/- failing which the interim order shall automatically come to an end and the respondent/ Bank would be free to take over the possession of the property and the interim order continued and the petitioner is in possession of the suit property.
3. Learned senior counsel for the petitioner would submit that the petitioner is subsequent purchaser of the secured assets which was mortgaged with the respondent Bank by its predecessor in interest and the petitioner made proposal for settlement. He would further submit that the petitioner has already deposited the entire amount and during pendency of the petition, the respondent/ Bank has also issued No Dues Certificate in favour of the petitioner.
4. Since the amount has been fully satisfied, therefore, the order dated 28.11.2016 passed by the District Magistrate Bilaspur has lost its significance.
5. In view of the above, the instant writ petition stands disposed of. Sd/- (Narendra Kumar Vyas) Judge Arun