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DEVENDRA SINGH versus STATE OF U.P. THRU' SECY. REVENUE & OTHERS

High Court of Judicature at Allahabad

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Devendra Singh v. State Of U.P. Thru' Secy. Revenue & Others - WRIT - C No. 56702 of 2005 [2005] RD-AH 2035 (23 August 2005)

 

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

Civil Misc. W.P. No. 56702 of 2005

Hon'ble Sushil Harkauli J.

Hon'ble Vineet Saran, J.

The petitioner's salary account has been frozen by the respondent-bank on the ground that the petitioner is the guarantor for a loan taken by the respondent No. 4 under 'Prime Minister Rozgar Yojna' .

Learned counsel for the petitioner submits that the petitioner was actually not the guarantor. Besides, freezing of a salary account of any salaried employee is likely to cause serious hardship to the salaried person.

In the circumstances, we direct that if the petitioner furnishes security other than cash or bank guarantee to the satisfaction of the respondent-bank for the amount which is due towards the loan as well as the interest, the respondent-bank will forthwith defreeze the salary account of the petitioner. It is further directed that the petitioner may approach the respondent-bank with representation and other material to show and prove that the petitioner was not the guarantor and if the respondent-bank is satisfied that the petitioner was not the guarantor for the loan, the security furnished by the petitioner shall be discharged by the respondent No. 2. The decision on such representation will be taken within three months of the date on which such representation is received.

With the aforesaid directions, this writ petition is disposed of finally after hearing learned counsel for the petitioner and Sri Saheb Tewari for the respondent-bank.

Dated : August 23, 2005

AM/-


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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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