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MEHAR BANO versus STATE OF U.P. THRU' SECY. (FINANCE) & OTHERS

High Court of Judicature at Allahabad

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Mehar Bano v. State Of U.P. Thru' Secy. (finance) & Others - WRIT - C No. 40426 of 2005 [2005] RD-AH 2236 (1 September 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

Court no.1

Civil Misc. Writ Petition no. 40426 of 2005

Mehar Bano  . .  . . Versus  . .  . . State of U.P. and others.

  ---

Hon'ble Yatindra Singh, J.

Hon'ble R.K.Rastogi,J.

Petitioner's husband  had taken cash credit facility with the State Bank of Patiyala, Moradabad, respondent no.3. The said respondent  gave a notice dated 20.9.2004 under section 13(2) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ( the Act). This notice was served  upon the petitioner after death of her husband. Subsequently a notice under section 13(4) of the Act  has also been given to the petitioner, hence, the present writ petition.

We have heard counsel for the petitioner, Standing Counsel and  Sri R.K. Khare for the respondents.

The petitioner may, if so advised, file  an application under section 17 of the Act.

The counsel for the petitioner submits that the petitioner is  willing  for one time settlement. Considering the fact that  the petitioner is a widow whose husband had taken the cash  credit facility and she is willing  for one time settlement, the  Bank may consider her request for one time settlement.

With these observations the writ petition is dismissed.

Dated:9.9.2005

RPP.


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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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