Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 179/25
MUJMMIL MUNJAR
Vs.
MANAPPURAM FINANCE LIMITED
07.01.2026
Present: Mr. Satyanarayan Singh, Ld. Proxy Counsel for the
plaintiff.
AR of the defendant through VC.
Ld. Counsel for the defendant.
Ld. Proxy Counsel for the plaintiff states that the
defendant has admitted to payment of the loan in question by the
plaintiff in its WS. The only reason because of which the
defendant is now hampering issuance of NOC is with regards the
plaintiff being guarantor in an another loan, which has not been
cleared by the principal borrower. It is stated that the two loans
are not connected and as such therefore, the defendant cannot
choose to block grant of NOC. In view of the same, Ld. Proxy
Counsel also presses for passing of orders under O 39 R 1 and 2
CPC.
Ld. Counsel for the defendant states that it is
admitted that the plaintiff has made repayment of his loan.
However, since he is a guarantor in an another loan account, the
loan agreement conditions enjoin a guarantor not to be issued an
NOC until all his liabilities are cleared, because of which the
defendant has stayed its hands. Ld. Counsel has also pointed out
to the relevant rules / conditions in the loan agreement in this
regard. Ld. Counsel states that he shall file a brief written
synopsis with regards the applicable conditions preventing the
defendant from issuing NOC also. A copy of the same be
supplied to the Ld. Counsel for the plaintiff as well.
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In view of the above, Ld. Main Counsel for the
plaintiff to remain present on NDOH to offer clarifications.
Ld. Proxy Counsel in fact states that an application
under O 12 R 6 CPC shall also be filed in due course. Copy of
the same be supplied in advance to the Ld. Counsel for the
defendant.
Considering the above, for the time being, no
interim orders can be passed on the application under O 39 R 1
and 2 CPC as well.
Re-list for further arguments on 13.02.2026.
(Gaurav Sharma)
JSCC-cum-ASCJ-cum-Guardian Judge
North West/Rohini Courts/Delhi
07.01.2026
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