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Vijay Nath v. State Of U.P. & Others - WRIT - C No. 11168 of 2006 [2006] RD-AH 4405 (23 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. S. K. Singh, J.

Argument is that in respect to the loan which was taken in the year 1997 small amount remain to be paid upon which in the year 2001 recovery proceeding was started against the petitioner. Submission is that petitioner came to this Court by filing writ petition being writ petition no. 23125 of 2001 in which petitioner was directed to deposit the amount within a period of one year in four instalments, which was deposited by the petitioner  by 1.5.2002 and, therefore, no amount can be said to be in default but now a notice has been issued by the respondent on 8.12.2005 by which an amount of Rs. 61,013/- plus other charges is sought to be recovered.

In view of the aforesaid, it is directed as an interim measure that petitioner will deposit an amount of Rs. 5,000/- 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.

Sri Jai Singh, learned Advocate has accepted notice on behalf of respondent no. 4. 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.





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