Gouranga Charan Patra v. Tata Capital Housing Finance Ltd.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.8523 of 2018 Gauranga Charan Patra ....

Petitioner Mr. Santanu Kumar Sarangi, Senior Advocate along with Mr. S.K.Sarangi, Advocate -versusTATA Capital Housing Finance Limited and others ....

Opposite Parties Mr. Iswar Mohanty, Advocate for the Finance

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN Order No.

ORDER (Oral) 17.05.2022 W.P.(C) No.8523 of 2018 & I.A. No.6513 of 2022 08.

1.

This matter is taken up through virtual/physical mode. 2.

The Petitioner and his wife Sabita Rani Patra are stated to have availed housing loan for Rs.31,53,257/- and Rs.33,22,000/- from the Tata Capital Housing Finance Limited, Bhubaneswar vide sanction orders dated 27th September, 2012 and 28th September, 2012 against a common residential property. Due to non-payment of the installments, both the loan accounts No.9117657 & 9117726 were declared NPA and recovery process under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 initiated.

3.

At the time of hearing, it is conceded that the Petitioner and his wife have deposited the entire outstanding amounts and thereby both the loan accounts have been liquidated. 4.

Withdrawal memo by way of I.A. No.6513 of 2022 has also been filed on behalf of the Petitioner.

// 2 // 5.

The limited prayer is made for issuance of 'No Due Certificate' and release of the title deed of the mortgaged property.

6.

In response, counsel for the Bank states that the needful shall be done as per the Policy of the Bank as soon as possible. 7.

In view of the aforesaid stand, the writ petition as well as I.A. are disposed of as infructuous.

8.

The Bank shall be bound by their stand.

Issue urgent certified copy as per rules.

(Jaswant Singh) Judge (M.S. Raman) Judge Jyostna May 17th, 2022 Cuttack