Vijay Ratnakar Gutte vs Uco Bank, Thr. Its Authorized ...
2023 Latest Caselaw 4107 Bom

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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      NAGPUR BENCH, NAGPUR.

                         WRIT PETITION NO.1584 OF 2023

Sunil Ratnakar Gutte
Aged about 40 years,
Occupation Business,
resident of 72, floor No.7,
Sagar Tarang Co-operative
Housing Society Limited,
Worli, Mumbai 400 030                           ... Petitioner
-vs-
UCO Bank
Through its Authorized Officer,
having its office at MID,
Corporate Branch, Chittaranjan,
Plot No.9, Ajni Square, Wardha Road,
Vivekanand Nagar, Nagpur 44 0015                ... Respondent

                                         WITH
                         WRIT PETITION NO.1585 OF 2023

Vijay Ratnakar Gutte
Aged about 39 years,
Occupation Business,
resident of Flat No.1001,
10th Floor, B Wing, Sandhu Palace,
Nargees Dutt Road, Pali Hill,
Bandra West, Mumbai.                            ... Petitioner
-vs-
UCO Bank
Through its Authorized Officer,
having its office at MID,
Corporate Branch, Chittaranjan,
Plot No.9, Ajni Square, Wardha Road,
Vivekanand Nagar, Nagpur 44 0015                ... Respondent


Shri Yash Maheshwari, Advocate for petitioners.
Ms Bhumika Sarda, Advocate with Y. Ramani Patro, Advocate for
respondent/Bank.

               CORAM : A. S. CHANDURKAR AND M. W. CHANDWANI, JJ.

DATE : April 24, 2023

Common Judgment : (Per : A. S. Chandurkar, J.)

Rule. Rule made returnable forthwith and heard the

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learned counsel for the parties.

Both the petitioners had obtained financial assistance from

the respondent/Bank by operating separate Home Loan Accounts. The

petitioners were interested in clearing their dues and hence sought

information with regard to the exact amount that was due and payable

to the Bank. It was the grievance of the petitioners that this

information was not supplied by the Bank and hence these writ

petitions have been filed.

2. It is an admitted position that pursuant to steps taken under

Section 13(2) of the Securitisation and Reconstruction of Financial

Assets and Enforcement of Security Interest Act, 2002, the mortgaged

property which are two flats had been taken over by the Bank. During

pendency of the writ petitions, the Bank has by filing pursis placed on

record No Dues Certificate dated 21/04/2023 issued to the petitioners

with regard to their Home Loan Accounts. The petitioners have filed

affidavit stating therein that besides the respondent-Bank, the aforesaid

flats have not been mortgaged with any other financial institution.

3. In view of aforesaid, we find that insofar as the respective

Home Loan Accounts are concerned, the amounts due have been

repaid by the petitioners pursuant to which No Dues Certificates have

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been issued by the Bank. As a consequence, the Bank would now be

required to return the documents pertaining to the mortgaged property

as well as hand over physical possession of the said flats to the

petitioners.

4. In the light of aforesaid No-Dues Certificates with regard to

the concerned Home Loan Accounts, it is directed that the respondent-

Bank shall within ten days return all relevant documents with regard to

the mortgaged property and also hand over possession of the respective

flats to the petitioners.

5. With these directions, the writ petitions are allowed. Rule

accordingly. No costs.

(M. W. Chandwani, J.) (A. S. Chandurkar, J.)

Asmita