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Krishna Gopal Bansal v. State Of U.P. & Others - WRIT - C No. 19022 of 2004 [2006] RD-AH 4182 (22 February 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon. R.K. Agrawal, J.

Hon. (Mrs.) Saroj Bala, J.

The properties belonging to one Ram Bharose Lal Sharma, who was guarantor for the loan advanced by the Central Bank of India to M/s Rain Bow Industries, Muzaffarnagar, was put to auction against the recovery of outstanding amount payable by the said Rain Bow Industries. The petitioer was highest bidder and gave a bid of Rs.15,50,000/- and deposited a sum of Rs.4,00,000/- in cash being 25% of the bid amount. Subsequently, it appears that Ram Bharose Lal Sharma the guarantor approached this Court by filing Writ Petition No. 15335 of 2004 which was presented on 12.4.2004 and this Court vide order dated 16.4.2004 stayed the recovery proceeding. After this Court had stayed the recovery proceeding against the guarantor, the petitioner approached this Court seeking refund of the amount of Rs.4,00,000/- being 25% of the bid amount deposited by him.

We have heard Sri V.M. Zaidi, learned counsel for the petitioner, Sri Neeraj Upadhyay, learned counsel appearing on behalf of the Bank and learned Standing Counsel who represents the other respondents.

From the record of the Writ Petition No. 15335 of 2004, we find that the aforesaid writ petition has been disposed of by this Court vide judgment dated 23.9.2005 and the recovery of the dues of the Bank which was being made under the provisions of the U.P.  Public Moneys (Recovery of Dues) Act, 1972 has been quashed. The recovery having been quashed the petitioner has become entitled of the refund of 25% of the amount deposited by him.

We disposed of the writ petition with the direction to the Collector, Muzaffarnagar, respondent no. 2 to forthwith refund Rs.4,00,000/- deposited by the petitioner after its verification within two weeks from the date a certified copy of this order  is filed before him.

The writ petition is accordingly disposed of.




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