2010 Supreme(All) 750
ALLAHABAD HIGH COURT
Prakash Krishna, Ram Autar Singh, JJ.
Pt. Nawin Sharma -Appellant
Versus
Branch Manager, United Bank of India, Agraand Others -Respondent
Civil Misc. Writ Petition No. 55351 of 2009
Decided On : 25-02-2010
Pt.Nawin Sharma, K.M.Asthana, ASGI
The court emphasized the importance of complying with court orders and the discretion of banks to reject loan applications based on eligibility and the need to protect public money.
Headnote:
Certiorari - Housing Loan - Official Liquidator Vs. Dayanand (2008) 10 SCC 1, Commissioner Karnataka Housing Board Vs. C. Muddaiah (2007) 7 SCC 689, Management, Assistant Salt Commissioner Vs. Secretary Central Salt Mazdoor Union (2008) 11 SCC 278
Fact of the Case:
The petitioner sought a writ of certiorari to quash the rejection letter of housing loan and a writ of mandamus to command the respondents to grant the loan. The petitioner alleged inordinate delay in loan sanction and non-cooperation by the respondents.
Finding of the Court:
The court found that the petitioner failed to comply with the court's order to submit relevant documents for loan processing. The petitioner's residential address was found to be a shutter shop, and he failed to disclose his permanent residential address and details of his immovable property. The court also noted irregularities in the petitioner's loan from another bank.
Issues: Non-compliance with court orders, non-disclosure of relevant information, and irregularities in the petitioner's previous loan.
Ratio Decidendi: The court emphasized the importance of complying with court orders and the duty of the bank to assess the creditworthiness of loan applicants. It held that the bank has the discretion to reject loan applications based on eligibility and the need to protect public money.
Final Decision: The writ petition was dismissed as devoid of merits and based on imaginary grounds.
1. By this writ petition the petitioner has prayed to issue a writ of certiorari quashing the rejection letter of respondents no.1 and 2 dated 11.9.2009 (Annexure No.9) in terms of judgment passed by the Hon'ble Apex Court in Management, Assistant Salt Commissioner Vs. Secretary Central Salt Mazdoor Union, (2008) 11 SCC 278 and has further prayed to issue a writ of mandamus commanding respondents no.1 to 4 to grant housing loan to the petitioner within the shortest possible time to be fixed by this Court as the matter of being identical nature has been decided by this Court in C.M.W.P. No.14976 of 2001 which is binding upon the respondents in terms of law laid down by the Hon'ble Apex Court in Official Liquidator Vs. Dayanand and others reported in (2008) 10 SCC 1.
2. The brief facts giving rise to this writ petition are that this second writ petition has been filed by the petitioner for relief and cause of action given in the instant writ petition in consonance to the judgment passed by the Apex Court in Commissioner Karnataka Housing Board Vs. C. Muddaiah, (2007) 7 SCC 689 and no other writ petition has been filed earlier before this Court or in any court of law for the same relief and cause of action. The petitioner has sought for issuance of a writ of mandamus directing the respondents no.1 to 4 to grant housing loan as the relevant documents have already been filed before the respondents in obedience to the order dated 22.7.2009 passed by this Court in C.M.W.P. No.33114 of 2009 (Annexure no.3) and visa-a-visa the case of identical nature has already been decided by this Court in C.M.W.P. No.14976 of 2001 (Annexure No.1) which is binding upon the respondents in terms of law laid down by the Hon'ble Apex Court in Official Liquidator Vs. Dayanand and others (2008) 10 SCC 1.
3. The petitioner has further alleged in his writ petition that the main grievance of the petitioner is that the petitioner has applied for a housing loan for purchase of plot and construction thereon before respondents no.1 and 2 on 22.6.2009 (Annexure No.2) and due to inordinate delay in the sanction of the housing loan, the petitioner approached this Court and filed first writ petition no.33114 of 2009, in which an order was passed directing the petitioner to appear before the Branch Manager of the Bank alongwith certified copy of this order and submit the relevant documents as required by the bank for processing the application and after submission of the relevant documents the bank shall process the application and take a final decision on the application of the petitioner (Annexure no.3). The petitioner then submitted the copy of order of this Court before the respondents through speed post on 29.7.2009 with a request to intimate about the relevant documents which were required by the bank for sanction of the loan proposal (Annexure no.4). The respondents no. 1 and 2 visited the premises of the petitioner on 3.8.2009 and provided the copy of documents required to be submitted along with application (Annexure No.2) for process of loan. The petitioner submitted the required documents on 4.8.2009 in the office of respondent no.1 (Annexure No.6). The respondents no.1 and 2 again raised some twenty six hypothetical objections in derogation to the order passed by this Court in the above writ petition with a malafide intention to create a stumbling block in the sanction of housing loan proposal (Annexure no.7). The petitioner sent letter dated 25.8.2009 (Annexure No.8) warning the respondents. The respondents no.1 and 2 then sent letter dated 11.9.2009 (Annexure No.9) to the petitioner under which his proposal for loan was declined. Being aggrieved by the action of the respondents, the petitioner filed contempt petition no. 3656 of 2009, which was rejected by this Court on 14.10.2009 (Annexure No.10) and then the petitioner filed this writ petition on the ground that the petitioner wanted to construct his house, one of basi