Allowed¶19

Indian Overseas Bank v. Bihar Real Estate Regulatory Authority

Patna HC20 Aug 2024MJC/2658/2024

Case brief

AI extract

What is this about?

Indian Overseas Bank; Bihar Real Estate Regulatory Authority; Alok Kumar guarantor; M/s Agrani Homes Pvt. Ltd.; Vijaya Raj Laxmi; M/s Indus Ventures; Ruban Memorial Hospital; loan account in borrower's name; outstanding loan amount cleared by third party; No Objection Certificate; No Dues Certificate; authorization letter; clarification and modification of order dated 26.06.2024; paragraph No. 5; CWJC No. 9764 of 2021; MJC No. 2658 of 2024; Patna High Court; A. Abhishek Reddy, J.; oral order 20-08-2024.

What did the court decide?

Clarification sought granted: order dated 26.06.2024 modified to the extent that the No Objection Certificate be issued in the name of Respondent No. 2, rest of the orders unchanged; copy of the certificate to be issued to Respondent No. 5 upon authorization letter from Respondent No. 2. ¶19

Indian Overseas Bank Vs Bihar Real Estate Regulatory Authority — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the direction in paragraph No. 5 of the order dated 26.06.2024 passed in CWJC No. 9764 of 2021 should be modified so that the No Dues/No Objection Certificate is issued in favour of Respondent No. 2 (in whose name the loan stands) instead of in the name of Respondent No. 5 (who cleared the outstanding amount).

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Court's answer

The order dated 26.06.2024 is modified to the extent that the No Objection Certificate shall be issued in the name of Respondent No. 2, and the rest of the orders shall remain the same.

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Ratio / Principle

The Respondent-Bank is directed to issue the copy of the No Objection Certificate to Respondent No. 5, subject to Respondent No. 2 giving an authorization letter in favour of Respondent No. 5.

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Detailed headnote1 paragraphs

Patna High Court (Miscellaneous Jurisdiction Case No.2658 of 2024, arising out of Civil Writ Jurisdiction Case No.9764 of 2021; oral order of Hon'ble Mr. Justice A. Abhishek Reddy dated 20-08-2024): The petitioner-bank (Indian Overseas Bank) sought clarification of the order dated 26.06.2024 because, although Respondent No. 5 (Ruban Memorial Hospital) had cleared the entire outstanding loan amount, the loan account stood in the name of Respondent No. 2 (Alok Kumar, guarantor), so the No Objection Certificate could be issued only in Respondent No. 2's name. The Court modified the order dated 26.06.2024 to the extent that the No Objection Certificate be issued in the name of Respondent No. 2, leaving the rest of the orders unchanged, and further directed the Respondent-Bank to provide a copy of the No Objection Certificate to Respondent No. 5 if Respondent No. 2 gives an authorization letter in favour of Respondent No. 5.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2658 of 2024

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Civil Writ Jurisdiction Case No.9764 of 2021

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Indian Overseas Bank through its Niraj Kumar, Branch Manager, Kankarbagh Branch, Patna, Gender- Male, aged about 40 years, Son of Late Umesh Chandra Singh.

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... ... Petitioner/s

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Versus

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Bihar Real Estate Regulatory Authority, Bihar State Building Construction Corporation Building Hospital Road, Shastri Nagar, Patna-800023, Presently 2nd Floor, BSNL Bhawan Road No.-10, Patel Nagar, Patna.

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Alok Kumar, S/o Sri Padum Singh (Guarantor), M/s Agrani Homes Pvt. Ltd., Resident of Alok Niwas, Yogipur, Chitragupta Nagar, Kankarbagh, Patna- 800020.

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M/s Agrani Homes Pvt. Ltd., through its Director Alok Kumar, Regd. Office-15, Patliputra Colony, P.O. and P.S.-Patliputra, Patna- 800013.

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Vijaya Raj Laxmi, Proprietor of M/s Indus Ventures, 114B, Yogipur, Chitragupt Nagar, Lohia Nagar, Patna- 800020.

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Ruban Memorial Hospital, through its Director Smt. Bibha Singh, 19 Patliputra Colony, Patna- 800013.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Raj Nandan Prasad, Adv. For the Opposite Party/s : Mr. Jainandra Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

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3 20-08-2024 The present writ petition has been filed for seeking clarification of the order dated 26.06.2024 passed in CWJC No. 9764 of 2021.

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Learned counsel appearing on behalf of the petitioner has stated that the original loan was disbursed in

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Patna High Court MJC No.2658 of 2024(3) dt.20-08-2024 2/2

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favour of the Respondent No. 2, but the entire outstanding loan amount was cleared by the Respondent No. 5. Learned counsel has stated that though the Respondent No. 5 has cleared the loan amount, the loan stands in the name of the Respondent No. 2. Therefore, the No Objection Certificate can be issued only in the name of the Respondent No. 2. Learned counsel has, therefore, sought a clarification that the direction given by this Court in paragraph No. 5 of the order dated 26.06.2024 passed in CWJC No. 9764 of 2021 may be modified to the effect that the No Dues Certificate may be issued in favour of the Respondent No. 2 instead of in the name of Respondent No. 5.

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Having regard to the above, the order dated 26.06.2024 is modified to the extent that No Objection Certificate be issued in the name of the Respondent No. 2., the rest of the orders shall remain same. The Respondent-Bank is directed to issue the copy of the No Objection Certificate to the Respondent No. 5, if any, authorization letter of the Respondent No. 2 is given in favour of the Respondent No. 5.

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(A. Abhishek Reddy, J)

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shakir/-

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Indian Overseas Bank v. Bihar Real Estate Regulatory Authority

Case brief

What is this about?

What did the court decide?

Indian Overseas Bank v. Bihar Real Estate Regulatory Authority

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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