HARSH CHAIT versus STATE OF U.P. THRU' COLLECTOR MAINPURI & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Harsh Chait v. State Of U.P. Thru' Collector Mainpuri & Others - WRIT - C No. 11161 of 2006 [2006] RD-AH 4311 (23 February 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. S. K. Singh, J.

Argument is that loan was taken by the petitioner in the year 2000 against which petitioner deposited an amount of Rs. 3,59,219/- by 26.12.2004 and at that time hardly an amount of Rs. 24,000/- can be said to be in default but now a demand  notice was issued by the respondent bank on 26.7.2005 for an amount of Rs. 2,60,571/- and now citation has been issued on 20.9.2005 to the tune of Rs. 3,01,558/- which on the facts cannot be said to be justified.

In view of the aforesaid, it is directed as an interim measure that petitioner will deposit an amount of Rs. 30,000/- within 15 days from today directly with the respondent bank upon which till the next date of listing  no coercive process shall be adopted against the petitioner for recovery of the remaining amount.

In the event of default in depositing the amount as directed above, the interim protection given by this Court shall cease to operate and it will be open for the respondent bank to recover the amount by taking any coercive process to which petitioner undertakes not to object.

Issue notice to respondent no. 4 and 5. Steps will be taken within ten days. Respondent no. 1 to 3 are represented by the State Counsel. All the respondents may file counter affidavit by the next date.

List this petition in the week commencing 3rd April, 2006.

23.2.2006.

SKS

11161/2006

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