Calcutta High CourtMrs. Niyati Sinha & Anr vs Icici Bank Limited & Ors on 28 August, 2009Author:PatheryaBench:PatheryaGA No. 2287 of 2009
                          CS No. 240 of 2009
                     IN THE HIGH COURT AT CALCUTTA
                  Ordinary Original Civil Jurisdiction



    MRS. NIYATI SINHA & ANR.
         Versus
    ICICI BANK LIMITED & ORS.


    For Petitioner : Mr.Rupak Ghosh with Mr.A.K.Kundu



    BEFORE:
    The Hon'ble JUSTICE PATHERYA
    Date : 28th August, 2009.



                         The Court : In a suit for a declaration that the loan

amount has been   foreclosed this application has been filed for reliefs.

                          Counsel for the petitioners submits that the car loan

taken by the deceased Adiyta Sinha was foreclosed in 2005 upon payment of

Rs.3,79,747/-. A pay order for Rs.3,79,077/- was issued on 25th November, 2005

alongwith payment in cash of Rs.670/-. Upon receipt of the said sum a no

objection certificate was issued by the respondent bank to the Insurance Companyand the Registering Authorities. Hence there is no sum due and payable by the

petitioners to the respondent bank. Inspite thereof a demand was made on 21st

June, 2008 for certain sums of money. Inspite of replies given to such letters

pressurising tactics have been adopted by the respondent bank for realization of

an alleged due. Hence the instant application has been filed and reliefs sought.No notice of this application has been served on the

respondents as the petitioners apprehend that steps prejudicial to its interest

will be taken upon receipt of notice.Having considered the facts of the case and as the

parties agreed to foreclose the agreement between them in 2005 and sums were2received by the respondent bank no further demand can be made. The acceptance of

the said amount will be evident from no objection certificates issued to the

Registering Authority and the Insurance Company. If any sum was due and payable

such certificate would not have been issued by the respondent bank. Therefore,

demand for sums or tactics adopted to take possession of the assets in question

is contrary to the foreclosure. Accordingly, there will be an order restraining

the respondent bank from demanding the sum of Rs.63,639/- from the petitioners

and taking any step to take possession of the said assets in question till 8th

September, 2009.Matter to appear in the list on 4th September, 2009.

                        All parties to act on a xerox signed copy of this order

on the usual undertakings.( PATHERYA, J.)




pa