State Bank Of India vs Narender Kumar Sethi S/O Shri ...
2022 Latest Caselaw 3052 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

             S.B. Civil First Appeal No. 455/2012

State Bank of India having its Head Office at Tilak Marg C-
Scheme, jaipur throguh Specialized Branch namely ARB 10189-
92, Ajmal Khan Road, Karol Bagh, New Delhi (now at P-40,
Connaught Place, New Delhi)
                                                                     ----Appellant
                                    Versus
1.     Narender Kumar Sethi S/o Shri Madan lal Sethi R/o E-16,
       Real City Bidawat Marg, Amba Bari, Jaipur.
2.     M/s Anupam Lubricants Ltd., Registered Office At F-138
       Udyog Vihar, Jaitpura Jaipur Through Sh. Subhash Lalwani
       Head Office At 171, Kariappa Marg, Sainik Farm, New
       Delhi.
3.     M/s Shreeman Sales Pvt. Ltd., Owner M/s Anupam
       Industries 27/35 First Floor, New Shankar Market Punjabi
       Marg, New Delhi Through Sh. Bhagwan Das
4.     Rajasthan State Industrial Development And Investment
       Corporation Ltd., Udyog Bhawan Tilak Marg, Jaipur
       Through Manager.
                                                                 ----Respondents

For Appellant(s)           :     Mr. Alok Garg
For Respondent(s)          :     Mr. Parag Rastogi through VC
                                 Mr. Rahul Yaduvanshi for
                                 Mrs. Alankrita Sharma
                                 Mr. Jitendra Mishra
                                 Mr. Shubham Sharma



           HON'BLE MR. JUSTICE SUDESH BANSAL

                                 Judgment

11/04/2022

Appellant-State Bank of Bikaner & Jaipur (now known as

"State Bank of India") has filed this first appeal assailing the

judgment and order dated 24.04.2012 passed by learned

Additional District Judge (Fast Track) Jaipur, District Jaipur in

(2 of 3) [CFA-455/2012]

Objection Petition No.47/2011 whereby and whereunder

objections filed by appellant-Bank purportedly under Section 47

read with Order 21 Rules 58 & 151 of CPC, were dismissed.

Appellant-Bank raised an objection against the judgment and

decree dated 07.03.2008 passed in favour of respondent No.1 and

against respondent Nos.2 to 4 in relation to the plot G-133

situated at Jaitpura Industrial Area stating that the said property

is a secured asset with the Bank and unless and until, dues of

Bank are not cleared, the same cannot be siphoned off in the

execution of the said decree.

During course of this first appeal, respondent No.1 has

moved an application (I.A.No.1/2022) that the outstanding dues

of appellant-Bank has been paid and the Bank has issued "No

Objection Certificate" in relation to the suit property. In support, a

certified copy of order to this effect passed by the Dept Recovery

Tribunal-I, Delhi dated 12.01.2022 has been placed on record. A

perusal of order dated 12.01.2022 goes to show that the Chief

Manager of the Bank Sh. Sudhir Kumar Sinha has issued an NOC

dated 30.07.2021 for having satisfaction of the outstanding dues

of the Bank.

Learned counsel for respondents submits that since the

outstanding dues of the Bank has been satisfied, there is no

reason for the Bank to pursue their objections through this first

appeal and accordingly the cause of action to pursue the present

first appeal does not survive as such the first appeal has become

infructuous.

Learned counsel for appellant-Bank, sought time to verify the

fact from the Bank. Today, the mails received from the Bank to the

advocate have been placed on record.

(3 of 3) [CFA-455/2012]

Since the certified copy of the order dated 12.01.2022

showing the issuance of NOC by the Bank is available on record

and the counsel for appellant is not in a position to dispute the

aforesaid application of the respondents supported with the order,

it appears that the Bank has issued "No Objection Certificate" and

no cause of action survives to pursue this first appeal.

In view of above, this first appeal has rendered infructuous

and the same is accordingly dismissed.

All pending application(s), if any, stand disposed of.

(SUDESH BANSAL),J

SAURABH/82

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