Ghulam Rasool Mughal vs Union Of India And Ors
2025 Latest Caselaw 143 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Ghulam Rasool Mughal vs Union Of India And Ors on 13 May, 2025

Author: Sanjeev Kumar

Bench: Sanjeev Kumar

                                                                                 Serial No. 16
                                                                                 Regular Cause list
                    IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                       AT SRINAGAR


                                                     CM No. 2259/2023 in
                                                     WP(C) No. 1975/2022
                                                     CM No. 5231/2023
                                                     CM No. 887/2023


                Ghulam Rasool Mughal
                                                                       ..... Appellant/petitioner(s)
                                                     Through: -
                                          Mr. Gulzar Ahmad Bhat, Advocate

                                                             V/s
                Union of India and Ors.
                                                                               ..... Respondent(s)

Through: -

Mr. T. M. Shamsi, DSGI CORAM:

HON'BLE MR JUSTICE SANJEEV KUMAR, JUDGE HON'BLE MR JUSTICE SANJAY PARIHAR, JUDGE

(ORDER) 13.05.2025

This is an application filed by the petitioner, seeking direction to the

respondent Bank to issue NOC in his favour on the ground that he has

cleared/liquidated the entire loan amount.

Vide order dated 14th September, 2022, writ petition filed by the

petitioner, i.e., WP(C) No. 1975/2022, came to be finally disposed of by this

Court.

Learned counsel for the applicant submits that in compliance with the

Judgment, the applicant/petitioner liquidated the entire amount. However,

the Bank has not issued the NOC, and therefore, this application.

From reading of the application, it clearly transpires that the applicant

is before us under no provision of law. The order dated 14 th September,

2022, passed by us, disposing of WP(C) No. 1975/2022, does not contain

any direction to issue NOC. We, however, observe that in case the borrower

has cleared the entire loan amount and there is nothing outstanding, he is

entitled to NOC, we, therefore, permit learned counsel for the

applicant/petitioner to withdraw this application with liberty to approach the

Bank. Needless to mention that in case he approaches the Bank, needful

shall be done by the Bank, as permissible under law. The application, is

accordingly, dismissed. The other two applications bearing CM No.

5231/2023, and CM No. 887/2023, filed by the applicant/petitioner shall also

stand dismissed.

                                 (SANJAY PARIHAR)                     (SANJEEV KUMAR)
                                        JUDGE                                JUDGE

                SRINAGAR
                13.05.2025
                "Mohammad Yasin Dar"