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M/S Kumar Carpets v. The Branch Manager, Bank Of India - WRIT - C No. 1208 of 2007 [2007] RD-AH 563 (10 January 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).


Hon.R.P.Misra, J.

Hon.Shishir Kumar, J.

We have heard learned counsel for the petitioner Sri Rajendra Kumar Pandey and Sri Sanjeev Singh, counsel for the respondents.

The relief sought in the writ petition is that respondents be directed to furnish the statement of account.

It has been submitted by the petitioner that according to letter dated 10.10.2005 (Annexure 5 to the writ petition) the liability has been fixed upon the petitioner to the tune of Rs.18.40 lacs plus interest amounting to Rs.12.50 lacs according to the respondents which alleged to be due against the petitioner.

Petitioner submits that he has not been furnished the detail of account. A fixed deposit of Rs.2,50,000/- is with the respondents.  In view of the aforesaid fact, in case the petitioner deposits a sum of Rs. 7,00,000/- within a period of six weeks, the respondents are directed to furnish the statement of account to the petitioner within one week from the date of deposit showing therein the total outstanding dues up to date which is due against the petitioner.  As the petitioner undertakes that after furnishing the statement of account the amount which is due to the petitioner will be paid by the petitioner within a specific period, as such a liberty is given to the petitioner that the total amount outstanding in the statement of account given by the respondents, the petitioner will pay the total amount in two bimonthly installments from the date of giving of the statement of account by the respondents.  In case the petitioner complies the first condition of the order, the property of the petitioner may not be auctioned if not already auctioned.

With these observations the writ petition is disposed of.






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