Disposed

Devesh Chandra Agrawal v. The Bank Of Baroda

Patna HC4 Jul 2014CWJC/11029/2014

Case brief

AI extract

What is this about?

This writ application sought a no-dues certificate and return of original loan documents. The court held that grievances regarding contract terms, document release, and no-dues certificates must be adjudicated by a Civil Court, not a Writ Court, thus dismissing the application as improper before this jurisdiction.

What did the court decide?

Writ application disposed of; no direction issued to Bank; petitioner to approach Civil Court.

Devesh Chandra Agrawal Vs The Bank Of Baroda — Service and Employment | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.11029 of 2014

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====================================================== Devesh Chandra Agrawal, Son of Late B.C. Agrawal, Resident of Maroofganj, Patna City, P.S.- Chowk, District- Patna. .... .... Petitioner/s Versus The Bank of Baroda, Main Branch Dak Bungalow Churaha, Frazer Road, P.S.- Kotwali, Town and District-Patna through its Chief Manager. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Arjun Kumar, Advocate. For the Respondent/s : Mr. Sanjeev Shankar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER

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2 04-07-2014 Heard learned counsel for the parties.

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Having regard to the scope of prayer in this writ

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application, relevant portion whereof reads as follows:

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"1(i) For issuance of a writ/(s), direction/(s) in the appropriate nature directing the respondent to issue no-dues certificate with respect to A/c No. 00030400000289 in the name of Devesh Chandra Agrawal and Poonam Agrawal in the respondent bank as there is no dues against this loan account. (ii) For issuance of a writ/(s), direction/(s) in the appropriate nature directing the respondent to return the original documents which are in possession of the respondent Bank on the ground that the entire loan amount has already been repaid by the petitioner as per the agreement",

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and there being no dispute that the parties are bound by

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the terms and conditions of an inter parte agreement, any grievance of the petitioner with regard to issuance of a no dues certificate after payment of the entire loan amount with interest, being a matter governing the right and obligation of the petitioner

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Patna High Court CWJC No.11029 of 2014 (2) dt.04-07-2014

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2/2

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arising out of the terms of the contract, the remedy for him in respect of relief sought in this writ application will be only before an appropriate Civil Court inasmuch as the learned counsel for the Bank has submitted that as a matter of fact the petitioner's application before the Ombudsmen of the Bank has already been rejected as would be apparent from a communication dated 19.02.2014 produced by him.

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In that view of the matter, the petitioner now will have remedy to enforce the terms of his contract for getting no dues certificate, and resultant release of his original documents by the Bank only if he moves before the appropriate Civil Court.

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With the aforementioned observation and direction this writ application is disposed of.

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(Mihir Kumar Jha, J)

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Sujit/-

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Devesh Chandra Agrawal v. The Bank Of Baroda

Case brief

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Devesh Chandra Agrawal v. The Bank Of Baroda

Case brief

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