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Patna High Court

Sweta DeviversusThe Canara Bank

Decided
Disposal
WITHDRAWN

Holding

The petition is disposed of as withdrawn, and the bank must issue a No Objection Certificate upon receipt of the settlement payment.

Summary

Sweta Devi and Anup Kumar Srivastava filed a civil writ petition before the Patna High Court against Canara Bank and its officials, seeking relief related to a loan recovery. The petitioners later reached an out-of-court settlement with the bank and applied to withdraw the writ. The court considered the request for withdrawal and the bank's obligation under the settlement. It ordered that the petition be disposed of as withdrawn. The court further directed that, upon receipt of the settlement payment, the bank must issue a No Objection Certificate to the petitioners.

Issues considered

  • Whether a civil writ petition can be withdrawn after an out-of-court settlement has been reached
  • Whether the bank is obligated to issue a No Objection Certificate upon payment of the settled amount

Subjects

  • out-of-court settlement
  • withdrawal of writ petition
  • No Objection Certificate
  • bank recovery proceedings
  • Civil Writ Jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.3019 of 2025
                 ======================================================
           1.     Sweta Devi Wife of Sri Anup Kumar Srivastava, Resident of Village-
                  Tumariya Tola, Ward No.- 2, Rajendra Nagar at and P.S.- Raxaul, District-
                  East Champaran.
           2.    Anup Kumar Srivastava, Son of Sri Ganga Prasad Resident of Village-
                 Tumariya Tola, Ward No.- 2, Rajendra Nagar at and P.S.- Raxaul, District-
                 East Champaran.

                                                                               ... ... Petitioner/s
                                                 Versus
           1.    The Canara Bank through its Managing Director and C.E.O., 112, J.C. Road,
                 Bengaluru- 560002.
           2.    The General Manager, Circle Officer, Recovery and Law Department, Circle
                 Office, Canara Bank, Lav Kush Tower, Exhibition Road, Patna.
           3.    The Regional Manager, Canara Bank, Reva Road, Gowarsahi, Muzaffarpur.
           4.    The Branch Manager, Raxol Branch of the Canara Bank, Raxol, District-
                 East Champaran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Bhola Kumar, Advocate.
                 For the Respondent/s   :     Mr. Siddharth Harsh, Advocate.
                 For the Canara Bank    :     Mr. Prashant Kumar, Advocate.
                                              Mr. Nishant Kumar, Advocate.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

9   16-04-2026                   Learned counsel appearing on behalf of the

                   petitioners submits that the parties have reached an out of

                   Court settlement and seeks permission to withdraw the

                   present writ petition.

                                 2. Having regard to the same, the present writ
           Patna High Court CWJC No.3019 of 2025(9) dt.16-04-2026
                                                       2/2




                     petition is disposed of as withdrawn. In case, the petitioners

                     has paid the outstanding amount as per the settlement, the

                     Respondent-Bank is obligated to issue the No Objection

                     Certificate (NOC) to the petitioners.



                                                         (A. Abhishek Reddy, J)
shakir/-

U


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