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HARI NATH CHAUBEY versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Hari Nath Chaubey v. State Of U.P. & Others - WRIT - C No. 35110 of 2007 [2007] RD-AH 13278 (1 August 2007)

 

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).

HIGH COURT OF JUDICATURE OF ALLAHABAD

HON. ARUN TANDON, J.

This writ petition has been filed for the following relief:

"i) Issue a writ, order or direction in the nature of mandamus commanding the respondent Bank to disclose the amount of half yearly installment for the repayment of agricultural loan and to give the details of the statement of the account to the petitioner.

ii) Issue a writ, order of direction in the nature of Mandamus restrained the respondent Bank from employing the private mussels men of the Bharat Financial from harassing the petitioner and his family members."

So far as the relief no. 1 is concerned, this Court is not inclined to grant the relief prayed for, inasmuch as the petitioner has taken loan and he is under legal obligation to repay the same. If there is any dispute of accounting, the proper remedy available to the petitioner is to file a suit for accounting before competent Court of Law. Accordingly, the first relief is refused.

So far as the relief no. 2 is concerned, it is provided that the Branch Manager, State Bank of India, Banshi, District-Siddharth Nagar shall ensure that the recovery against the petitioner is effected strictly in accordance with law and no private person is engaged for taking any coercive action against the petitioner.

With the aforesaid observations/directions the present writ petition is disposed of finally.

01.08.2007

Pkb/35110-07


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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