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Sushil Kumar v. Managing Director U.P.F.C. & Ors. - WRIT - C No. 64673 of 2005 [2005] RD-AH 4027 (4 October 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).


Hon'ble Yatindra Singh,J.

Hon'ble R.K.Rastogi,J.

The respondent no. 4 had taken loan for construction of Banquet Hall from the U.P. Financial Corporation, Saharanpur (the UPFC). The petitioner is a guarantor for the loan. When the respondent no. 4 could not pay the loan the Corporation started recovery proceedings. Subsequently, the Corporation  permitted respondent no.4 to sell the Banquet Hall which was security for payment of the loan. The petitioner has filed the present writ petition praying that instead of respondent no. 4 the petitioner may be permitted to sell the property or he should also be involved in sale of the Banquet Hall.

We have heard   counsel for the petitioner,  and Sri Satish Chaturvedi for  respondents 1 to 3.

   In the circumstances, it will be  appropriate  that the petitioner  may file a fresh representation before respondent no.1. In case the representation is  filed, the same  may be decided  by the said respondent by a reasoned order at an early date,  if possible, within three weeks  from the date of receipt of the representation. The petitioner will  file  a certified copy of this order; necessary  documents and a duly stamped self addressed envelope along with the representation. The concerned   authority   after taking decision will  communicate the same to the petitioner.

   With these observations the writ petition is disposed of.



RPP/WP. 64673/05


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