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Patna High Court

M/s Jagdamba EnterprisesversusThe State Bank of India

Decided
Disposal
DISMISSED

Holding

The High Court held that it cannot direct the bank to issue a No Objection Certificate or alter the OTS scheme, and therefore dismissed the writ petition.

Summary

The petitioner, Jagdamba Enterprises, sought a writ of mandamus directing State Bank of India to issue a No Objection Certificate (NOC) after allegedly completing payment under an One‑Time Settlement (OTS) scheme and also claimed compensation for alleged negligence. The bank contended that the petitioner missed the stipulated deadline of the OTS scheme, rendering the settlement void, and that the court cannot interfere with the terms of such schemes. The court examined the bank statements and found that the petitioner had not paid the full amount by the deadline, and noted that under Article 226 the High Court cannot direct a bank to grant an NOC or alter OTS timelines. Relying on Supreme Court precedents, the court held that it has no jurisdiction to compel the bank to issue the NOC or award compensation. Consequently, the writ petition was dismissed, with the court indicating that the petitioner may obtain the NOC only after fully clearing the outstanding dues as per the bank’s terms.

Issues considered

  • Can a writ of mandamus be issued directing a bank to issue a No Objection Certificate after settlement under an OTS scheme?
  • Does Article 226 empower the High Court to interfere with the terms and timelines of a bank's OTS scheme?
  • Is the petitioner entitled to monetary compensation for alleged negligence by the bank?

Legislation cited

Subjects

  • No Objection Certificate
  • One Time Settlement
  • Mandamus
  • Article 226
  • Banking law
  • Consumer rights
  • Writ jurisdiction

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.12001 of 2024
                  ======================================================
                  M/s Jagdamba Enterprises through its Proprietor Shailendra Singh, Son of
                  Bhikhari Singh, age about 47, Resident of Main Gali, Subashnagar, near
                  Satsang Bhawan, Dehri, Rohtas, Bihar- 821307.

                                                                    ... ... Petitioner/s
                                                    Versus
            1.    The State Bank of India through Chief General Manager, Patna Main
                  Branch, Gandhi Main, District-Patna- 800001.
            2.    The Assistant General Manager, Stressed Assets Recovery Branch, State
                  Bank of India, Main Branch, Gandhi Main, District-Patna-800001.
            3.    The Regional Manager, State Bank of India, Patna Main Building, South
                  Gandhi Maidan, Patna, Bihar-800001.
            4.    The Branch Manager, Dehri On Sone Branch, State Bank of India, Personal
                  Banking Branch, Dehri, Shyam Sundar House, Pali Road, Dehri On Sone,
                  District- Rohtas- 821305.
            5.    Miss. Rashmi Sinha, Post Unknown, Stressed Assets Recovery Branch, State
                  Bank of India, Main Branch, Gandhi Main, District-Patna-800001.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s    :      Mr. Adil Abbas, Advocate.
                  For the Respondent/s    :      Mr. Rakesh Kumar Singh, Advocate.
                  For the SBI             :      Mr. Santush Kumar Singh, Advocate.
                                                 Mr. Anubhav Verma, Advocate.
                  For the Resp. No. 5     :      Mr. A. K. Sharan, Advocate.
                                                 Mr. Prabhat Kumar Sharan, Advocate.
                                                 Mr. Hemant Kumar Sharan, Advocate.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                     ORAL ORDER

13   12-01-2026                   Heard learned counsel for the parties.

                                  2. The present Writ Petition has been filed for the

                    following reliefs:-

                                                       “(i) For issuance of writ or
                                               writs in the nature of Mandamus
                                               commanding the Respondents especially
Patna High Court CWJC No.12001 of 2024(13) dt.12-01-2026
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                                    Respondent No. 2 to grant/issue No
                                    Objection Certificate (NOC) to the
                                    petitioner for the Loan Account No.
                                    61328665063 against the Loan Amount
                                    duly paid by the petitioner to the
                                    Respondent-State Bank of India.
                                              (ii) For issuance of writ or
                                    writs in the nature of Mandamus
                                    commanding the Respondent-Bank to
                                    provide the compensation of Rs.
                                    1,00,000/- to the petitioner against the
                                    mental and physical agony faced by the
                                    petitioner due to the negligence on the
                                    part of Respondent-Bank.”
                      3. It is the case of the petitioner that pursuant to the

         OTS Scheme floated by the Respondent-Bank, the petitioner

         was obligated to pay an amount of Rs. 12,02,378.70 and the

         petitioner has been paying the same but due to some

         miscalculation and latches on part of the Respondent-Bank, the

         petitioner could not deposit the last instalment within the

         stipulated time. However, the petitioner has paid the entire

         outstanding amount including interest for the delayed payment

         on 06.07.2022. However, the Respondent-Bank is not issuing

         the ‘No Objection Certificate’ (NOC) though the petitioner has

         cleared the outstanding due amount as per the OTS Scheme

         granted by the Respondent-Bank. Learned counsel has,

         therefore, prayed this Hon’ble Court to allow the present writ

         petition and direct the Respondent-Bank to issue the NOC to the
Patna High Court CWJC No.12001 of 2024(13) dt.12-01-2026
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         petitioner.

                       4. Per contra, the learned counsel appearing on behalf

         of the Respondent-Bank has vehemently opposed the very

         maintainability of the present writ petition. Learned counsel has

         stated that the petitioner has been granted the OTS Scheme and

         he was obligated to pay the entire outstanding loan amount by

         19.06.2022, however, the petitioner has failed to do so. That the

         total amount as per the OTS Scheme is approximately Rs.

         12,02,378/- but the petitioner has paid only Rs. 10 Lakhs even

         going by his own bank-statement till 19.06.2022, thereafter, the

         petitioner has deposited the balance amount of Rs. 2,17,380/- on

         06.07.2022. Learned counsel stated that the OTS Scheme is a

         time bound scheme and the time schedule given in the OTS

         Scheme has to be adhered to strictly and in case there are any

         lapses on part of the petitioner in repaying the amount within

         the stipulated time, the OTS Scheme gets nullified and the

         petitioner has to pay the entire outstanding loan amount.

         Further, it is stated that in case the petitioner clears the

         outstanding loan amount, the Respondent-authority will issue a

         No Objection Certificate. Learned counsel has, therefore, prayed

         this Hon’ble Court to dismiss the present writ petition.

                       5. Admittedly, in the present case, the petitioner had
Patna High Court CWJC No.12001 of 2024(13) dt.12-01-2026
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         availed loan from the Respondent-Bank and thereafter vide OTS

         Scheme dated 21.10.2020, he was granted one time settlement

         for clearing the outstanding due amount. The amount payable

         under the OTS Scheme was fixed at Rs. 12,02,378/-, the bank-

         statement filed by the petitioner (Annexure P/8) reflects that the

         petitioner has deposited an amount of Rs. 2 Lakhs on

         21.12.2021, Rs. 1 Lakh on 29.01.2022, Rs. 1 Lakh on

         29.04.2022 and Rs. 1 Lakh on 21.05.2022 and Rs. 1 Lakh on

         10.06.2022 and Rs. 6,17,380/- on 30.07.2022. Learned counsel

         has stated that the amount of Rs. 6,17,380/- reflecting on

         30.07.2022 is wrongly shown, as a matter of fact, the petitioner

         has deposited an amount of Rs. 4 Lakhs on 30.07.2022 and the

         balance amount after ascertaining from the Respondent No. 5

         deposited the entire balance amount along with interest on the

         delayed payment, however, the same has not been reflected in

         time. Even if the contention of the petitioner is to be taken that

         he has deposited the entire amount, it is to be noted that as per

         the bank statement filed by the petitioner, the same reflects that

         the petitioner has deposited a total amount of Rs. 10 Lakhs till

         21.06.2022. The petitioner has not deposited an amount of Rs.

         2,17,380/- by the end of the stipulated time. Irrespective of the

         reasons for the delay, this court is not concerned with the same
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                    as the Hon’ble Supreme Court in a catena of cases has held that

                    this Hon’ble Court sitting under Article 226 of the Constitution

                    of India cannot direct the Respondent-Bank to either grant an

                    OTS Scheme or change the timelines issued under the OTS

                    Scheme.

                                 6. Having regard to the same, this Court does not find

                    any merit in the present writ petition which warrants any

                    interference from this Court. The present writ petition is

                    accordingly dismissed. However, the petitioner, if so advised, is

                    free to clear the outstanding due amount and on such amount

                    been paid, the Respondent-Bank shall issue ‘No Objection

                    Certificate’ (NOC) to the petitioner.



                                                             (A. Abhishek Reddy, J)
shakir/-

U


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