IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12001 of 2024 ======================================================

M/s Jagdamba Enterprises through its Proprietor Shailendra Singh, Son of Bhikhari Singh, age about 47, Resident of Main Gali, Subashnagar, near Satsang Bhawan, Dehri, Rohtas, Bihar- 821307.

... ... Petitioner/s Versus

1. The State Bank of India through Chief General Manager, Patna Main Branch, Gandhi Main, District-Patna- 800001.

2. The Assistant General Manager, Stressed Assets Recovery Branch, State Bank of India, Main Branch, Gandhi Main, District-Patna-800001.

3. The Regional Manager, State Bank of India, Patna Main Building, South Gandhi Maidan, Patna, Bihar-800001.

4. The Branch Manager, Dehri On Sone Branch, State Bank of India, Personal Banking Branch, Dehri, Shyam Sundar House, Pali Road, Dehri On Sone, District- Rohtas- 821305.

5. Miss. Rashmi Sinha, Post Unknown, Stressed Assets Recovery Branch, State Bank of India, Main Branch, Gandhi Main, District-Patna-800001.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Adil Abbas, Advocate.

For the Respondent/s : Mr. Rakesh Kumar Singh, Advocate. For the SBI : Mr. Santush Kumar Singh, Advocate.

Mr. Anubhav Verma, Advocate.

For the Resp. No. 5 : Mr. A. K. Sharan, Advocate.

Mr. Prabhat Kumar Sharan, Advocate. Mr. Hemant Kumar Sharan, Advocate.

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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

13 12-01-2026 Heard learned counsel for the parties.

2. The present Writ Petition has been filed for the following reliefs:-

“(i) For issuance of writ or writs in the nature of Mandamus commanding the Respondents especially Respondent No. 2 to grant/issue No Objection Certificate (NOC) to the petitioner for the Loan Account No. 61328665063 against the Loan Amount duly paid by the petitioner to the Respondent-State Bank of India. (ii) For issuance of writ or writs in the nature of Mandamus commanding the Respondent-Bank to provide the compensation of Rs. 1,00,000/- to the petitioner against the mental and physical agony faced by the petitioner due to the negligence on the part of Respondent-Bank.”

3. It is the case of the petitioner that pursuant to the OTS Scheme floated by the Respondent-Bank, the petitioner was obligated to pay an amount of Rs. 12,02,378.70 and the petitioner has been paying the same but due to some miscalculation and latches on part of the Respondent-Bank, the petitioner could not deposit the last instalment within the stipulated time. However, the petitioner has paid the entire outstanding amount including interest for the delayed payment on 06.07.2022. However, the Respondent-Bank is not issuing the ‘No Objection Certificate’ (NOC) though the petitioner has cleared the outstanding due amount as per the OTS Scheme granted by the Respondent-Bank. Learned counsel has, therefore, prayed this Hon’ble Court to allow the present writ petition and direct the Respondent-Bank to issue the NOC to the petitioner.

4. Per contra, the learned counsel appearing on behalf of the Respondent-Bank has vehemently opposed the very maintainability of the present writ petition. Learned counsel has stated that the petitioner has been granted the OTS Scheme and he was obligated to pay the entire outstanding loan amount by 19.06.2022, however, the petitioner has failed to do so. That the total amount as per the OTS Scheme is approximately Rs. 12,02,378/- but the petitioner has paid only Rs. 10 Lakhs even going by his own bank-statement till 19.06.2022, thereafter, the petitioner has deposited the balance amount of Rs. 2,17,380/- on 06.07.2022. Learned counsel stated that the OTS Scheme is a time bound scheme and the time schedule given in the OTS Scheme has to be adhered to strictly and in case there are any lapses on part of the petitioner in repaying the amount within the stipulated time, the OTS Scheme gets nullified and the petitioner has