Disposed

Meena Devi And Anr. v. State Bank Of India

Jharkhand HC28 Jan 2021WPC/4204/2017

Case brief

AI extract

What is this about?

The High Court of Jharkhand directed the respondent Bank to consider the petitioners' request for the release of specific sale deeds based on a 'No Objection' letter. The writ petition was disposed of with a direction for the Bank to take a decision on representations within one month.

What did the court decide?

Directed the respondent Bank to provide a copy of the order, decide on the petitioners' representations regarding the release of sale deeds, and within one month take an appropriate decision.

Meena Devi And Anr. Vs State Bank Of India — Banking and Recovery | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 4204 of 2017

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Meena Devi

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M/s Ramson Developer Pvt. Ltd., through its Director Sanjay Sinha, Dhanabd … … Petitioners

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Versus

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The State Bank of India, Mumbai through its local Head Office at West of Gandhi Maidan, Patna … … Respondent

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CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR

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----- For the Petitioners : Mr. Vipul Poddar, Advocate For the Respondent-Bank : Mr. P.A.S. Pati, Advocate -----

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Order No. 04 Dated: 28.01.2021

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The present writ petition is taken up today through Video conferencing.

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The present writ petition has been filed for issuance of direction upon the respondent-SBI for release of the sale deeds bearing nos. 1760 dated 08.04.2003, 3100 dated 11.06.2003 and 4126 dated 25.07.2003 relating to the petitioner no. 1 and the sale deeds bearing nos. 5974 dated 11.07.2006 and 5900 dated 07.07.2006 relating to the petitioner no. 2 in respect of the properties mortgaged for securing loan from the respondent-Bank with other mortgaged documents i.e., rent receipts and correction slips. Further prayer has been made for issuance of direction upon the respondentBank to immediately issue ‘no dues certificate’ to the petitioners.

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2. A supplementary affidavit has been filed on behalf of the petitioners annexing a copy of letter dated 19.10.2019 in the form of ‘No Objection’ issued by one Preeti Singh to the Chief Manager, SAMB, SBI, Patna with regard to the release of sale deed nos. 4126 dated 25.07.2003, 3100 dated 11.06.2003, 1760 dated 08.04.2003, 5974 dated 11.07.2006 and 5900 dated 07.07.2006.

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3. The stand of the respondent-Bank taken in the counter affidavit is that the aforesaid sale deeds were not released in favour of the petitioners due to the objection raised by one Preeti Singh and that she has also challenged e-auction sale with regard to the property in question by filing an application before the Debts

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Recovery Tribunal, Ranchi under the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

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4. Having heard the learned counsel for the parties and keeping in view that said Preeti Singh appears to have given ‘No Objection’ for release of the aforesaid five sale deeds in favour of the petitioners, which has been mentioned in her letter dated 19.10.2019 addressed to the Chief Manager, SAMB, SBI, Patna, I am of the view that the petitioners’ request for release of the concerned sale deeds is required to be considered by the respondent-Bank.

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5. Since the petitioner no. 1 appears to have filed representations dated 06.11.2019 and 17.02.2020 (Annexure-9 and Annexure-10 to the supplementary affidavit dated 20.02.2020 respectively) requesting release of the concerned sale deeds pursuant to the information given by said Preeti Singh to the Chief Manager, SAMB, SBI, Patna, the respondent-Bank is directed to take an appropriate decision on the said representations of the petitioner no. 1 within a period of one month from the date of receipt/production of a copy of this order.

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6. The writ petition is accordingly disposed of with aforesaid observation and direction.

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(Rajesh Shankar, J.)

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Manish

Meena Devi And Anr. v. State Bank Of India

Case brief

What is this about?

What did the court decide?

Meena Devi And Anr. v. State Bank Of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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