BRAMHDEV PANDEY versus UNION BANK OF INDIA & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Bramhdev Pandey v. Union Bank Of India & Others - WRIT - C No. - 45401 of 2007 [2007] RD-AH 15728 (19 September 2007)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

Hon'ble Ashok Bhushan, J.

Heard counsel for the petitioners and Sri P. K. Srivastava appearing for the respondents.

The only prayer pressed in this writ petition by the petitioners is that the petitioners' application filed against the notice dated 19.4.2006 as well as 9.7.2007 be directed to be considered. Petitioners' case is that there is no liability to pay any contribution by the petitioners since the petitioners' case is not covered by the Employees Insurance Act, 1948. The petitioners have referred reply dated 1.6.2006 Annexure-3 to the writ petition, which was submitted when earlier notice dated 19th April, 2006 was received. Petitioners' further case is that no order has been passed Under Section 45A nor the question has ever been decided that the Act is applicable or not.

In view of above, ends of justice be served in disposing of the writ petition directing the respondent No.4 to consider and take appropriate decision on the reply dated 1.6.076 Annexure-3 to the writ petition. It will be open for the petitioners to submit detailed reply along with all relevant materials with the certified copy of this order within four weeks from today. the respondent shall consider and take appropriate decision thereon expeditiously preferably within a period of three months thereafter. Till the reply is decided the recovery in pursuance of the impugned notices shall be kept in abeyance.

With the above observations the writ petition is disposed of.

D/-19.9.2007

SCS/45412

Hon'ble Ashok Bhushan, J.

Learned counsel for the respondent no. 1 prays for and is allowed three weeks' time to file counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter.

List for admission on expiry of aforesaid period.

The petitioner's case in the writ petition is that the petitioner has already deposited the entire amount as directed by order of this Court dated 14.1.2003 in writ petition No. 1831 of 2003. He further submits that although this Court directed not to take recovery charges but the Bank in statement of account has charged the recovery charges on several occasion.

Let a counter affidavit be filed within the aforesaid period

Till the next date of listing further recovery from the petitioner of the amount of Rs.49,026/- with interest in pursuance of the notice dated 18.8.2006 shall remain stayed.

D/-19.9.2007

SCS/45401

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