A borrower whose goods vehicle loan recovery suit was dismissed by the appellate court sought an NOC from the bank. The court held the bank had no claim left and directed it to issue the NOC within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 7396 OF 2020 (GM-RES)
BETWEEN:
SRI CHANDRAPPA, S/O LATE NARASIMHAIAH, AGED ABOUT 54 YEARS, DODDANALLURAHALLI VILLAGE, JADAGENAHALLI HOBLI, HOSAKOTE TALUK-562 114, BENGALURU RURAL DISTRICT, NOW RESIDING AT NALLUGUTLAPALLI VILLAGE, CHELUR HOBLI, BAGEPALLI TALUK-561 207, C.B.PURA DISTRICT.
…PETITIONER
(BY SRI. LOURDU MARIYAPPA A.,ADVOCATE)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka
(NOW KARNATAKA GRAMMENA BANK) POST BIX-55; NO-32, SANGANKAL ROAD, GANDHINAGAR, BALLERI-583 103, KARNATAKA.
…RESPONDENTS
(BY SRI. B PRASANNA KUMAR.,ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
NC: 2024:KHC:25027 WP No. 7396 of 2020
RESPONDENTS, TO CONSIDER THE REPRESENTATION GIVEN TO THEM AS ON 25.11.2019 AS PER ANNEXURE-B IN RESPECT OF THE ISSUANCE OF NOC IN FAVOUR OF THE PETITIONER.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner secured a goods vehicle loan of Rs.3,35,000 from respondent No. 2 (the Bank). Respondent No. 2 filed a suit (O.S. No. 152/2007) for loan recovery against the petitioner and his brothers, which was decreed on July 1, 2007.
NC: 2024:KHC:25027 WP No. 7396 of 2020
petitioner's representation (Annexure-B) dated November 25, 2019, within four weeks of receiving a certified copy of this order.
Sd/JUDGE
AM
1 issue framed by the court
Whether the bank must issue an NOC to the petitioner after the appellate court set aside the decree for loan recovery and the suit was dismissed.
1 provisions across 1 enactments
Sri Chandrappa
General Manager, Cauvery Kalpatharu Grameena Bank (now Karnataka Grameena Bank)
Karnataka Grameena Bank, Mallimakanapura Branch
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
