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Since the disbursement of loan was based on the public money, considering the public interest and that of the Bank, withheld the loan granted to the petitioner, if the petitioner is able to provide equal alternate property as security without any encumbrance, the same can be considered, with the present property, the loan cannot be disbursed. This Court finds no reason to quash the impugned order.

Section 73/74 of the CGST Act, 2017 – Show Cause Notice ––- The petitioner’s loan was not granted on the objections of the first and second respondents, for the reasons that there is arrears of tax by the petitioner's father. His father was issued SCN under Section 73(5)/Section 74(5) of Act. The SCN was with regard to reversing the claim of input tax credit for the year 2017-2018 and 2018-2019. Against the same an appeal under Section 107(1) was preferred and the same is pending. The counsel for the respondent submitted that loan was processed and the title deeds were verified and the land tax receipts were looked. The Document No.455/2001 was found without any Encumbrance. A communication received from the second respondent informing about the restriction created on the property based on which the loan put on hold. Considering the public interest and that of the Bank, withheld the loan granted to the petitioner, if the petitioner is able to provide equal alternate property as security without any encumbrance, the same can be considered, with the present property, the loan cannot be disbursed. The Court found no reason to quash the impugned order.

Held that:- The Hon’ble High Court closed the petitions.

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