1. Petitioner sought writ relief regarding bank's refusal to issue no due certificate for a cash credit account, allegedly due to a minor third-party cyber fraud complaint. (Para 2 , 3 )
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2026 Supreme(Online)(Gau) 23952
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Arun Dev Choudhury, J
Bipul Debnath – Appellant
Versus
Union of India – Respondent
WP(C)/1327/2026
Important Points
The writ petition was closed as the respondent bank issued the No Due Certificate during the proceedings, thereby resolving the petitioner's grievance.
Subject
Civil - Banking
Headnote
(A) Banking Law - No Due Certificate - Withholding of certificate on the ground of a nominal amount (Rs. 20) involving third-party cyber fraud is resolved when the bank issues the certificate during the pendency of the writ petition. (Para 2-4)
Issues: Whether the respondent bank was justified in withholding the No Due Certificate.
Issues: Whether the respondent bank was justified in withholding the No Due Certificate.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: Noor Kutub Alam, C Gogoi
For the Respondents: Dy.S.G.I., Sumanth Kakati
For the Appellants/Petitioners: Noor Kutub Alam, C Gogoi
For the Respondents: Dy.S.G.I., Sumanth Kakati
Table of Contents
2. Petitioner contended full loan repayment, while the bank submitted that a no due certificate had been issued and received by the petitioner. (Para 3 , 4 )
3. Upon the issuance of the no due certificate, the court noted that the grievance stood addressed and no further cause for adjudication remained. (Para 5 , 6 )
4. A writ petition becomes infructuous and may be closed when the underlying grievance is resolved during the pendency of proceedings. (Para 5 , 6 )
5. Writ petition disposed of as closed, with the no due certificate placed on record. (Para 6 , 7 )
6. When does a writ petition regarding a civil dispute become infructuous?
A writ petition becomes infructuous when the specific grievance, such as the non-issuance of a no due certificate, is resolved during the pendency of the litigation and both parties acknowledge that nothing survives for formal adjudication. (Para 5 , 6 )
ORDER
1. Heard Mr. NK Alam, learned counsel for the petitioner.
2. The grievance of the petitioner in this writ petition is as regards withholding of the No Objection Certificate/No Due Certificate in respect of a cash credit account maintained with the respondent No. 2 Bank, on the ground that there is a complaint involving Rs. 20 only.
3. It is submitted that the loan facility was availed by the petitioner and the same was repaid in full, whereafter, cyber fraud was committed involving Rs. 20 by third party, without the knowledge of the petitioner, and for the said reason, No Due Certificate was not given.
4. Mr. A. Hussain, learned counsel for the Bandhan Bank, submits that in the meantime a No Due Certificate dated 14.10.2026 has been issued, which has also been duly received by the petitioner on behalf of M/s Bipul Store, Proprietor.
5. Accordingly, the learned counsel for the parties submits that nothing survives to be adjudicated in the present writ petition.
6. Accordingly, the writ petition stands closed.
7. The No Due Certificate dated 14.10.2026 is kept on record
