High Court of Karnataka disposes writ petitions filed by home loan borrowers seeking restraint and no due certificate; court issues directions under Article 226 of the Constitution of India.

High Court: Karnataka High Court Bench: BENGALURU
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Case Note & Summary

The High Court of Karnataka heard a batch of writ petitions filed by individual home loan borrowers against the Union of India, Ministry of Finance, Reserve Bank of India, National Housing Bank, TransUnion CIBIL Limited, PNB Housing Finance Limited, and M/s Mantri Developers Pvt. Ltd. The petitioners, who had availed housing loans, sought a direction to restrain PNB Housing Finance from taking any precipitative action and to issue a no due certificate/no objection certificate in respect of their loan accounts. The matters were clubbed and heard together. The court considered the common prayer under Article 226 of the Constitution of India. No detailed facts or reasoning are available in the provided text beyond the prayers.

Issue of Consideration

Whether the petitioners are entitled to a direction restraining the respondent bank from taking any precipitative action and to issue a no due certificate in respect of the loan accounts.

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Law Points

  • Article 226
  • writ jurisdiction
  • housing loan
  • no due certificate
  • coercive action
  • RBI
  • CIBIL
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Case Details

2022 LawText (KAR) (09) 75

Writ Petition No. 17696/2021 (GM-RES) c/w W.P. Nos. 21471/2021, 21536/2021, 22076/2021, 22107/2021, 22322/2021, 22425/2021, 23015/2021, 23018/2021, 23031/2021, 23057/2021, 23101/2021, 23122/2021, 23123/2021, 23124/2021, 23136/2021, 23137/2021, 23139/2021, 23148/2021, 23150/2021, 23170/2021, 23180/2021, 24287/2021, 3998/2022, 4443/2022, 4546/2022, 6815/2022, 6817/2022, 759/2022, 177/2022, 7759/2022 (GM-RES)

2022-09-14

Krishna S. Dixit

C K Nandakumar, M D Rajkumar, S B Totad, R V S Naik, Rashmi Subramanya, Adithi Shetty, S Rajashekar, Vellanki Ravi, Udaya Holla, Venugopal M S, Mahesh S

Mr. Mudit Saxena, Mr. Rakesh Kumar Saxena

Union of India, Ministry of Finance, Reserve Bank of India, National Housing Bank, TransUnion CIBIL Limited, PNB Housing Finance Limited, M/s Mantri Developers Pvt. Ltd.

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Nature of Litigation

Writ petitions under Article 226 of the Constitution of India seeking restraint on precipitative action by the respondent bank and issuance of no due certificate.

Remedy Sought

Direction to restrain PNB Housing Finance Limited from taking any precipitative action and to issue no due certificate/no objection certificate in respect of loan accounts.

Issues

Whether the petitioners are entitled to a direction restraining the respondent bank from taking any precipitative action and to issue a no due certificate.

Procedural History

Multiple writ petitions were filed before the High Court of Karnataka under Article 226 of the Constitution seeking similar reliefs. The petitions were clubbed and heard together.

Acts & Sections

  • Constitution of India: Article 226
  • Reserve Bank of India Act:
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