High Court of Judicature at Allahabad
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Chatrapal Singh v. State Of U.P. Thru' Secy. (Finance) & Others - WRIT - C No. 65410 of 2005  RD-AH 4101 (6 October 2005)
Hon. S. K. Singh, J.
Argument is that petitioner's father who took the loan died in the year 2002 and in fact in view of the extract of the pass book which has been annexed as annexure no. 3 to the writ petition, by October, 2003 an amount of Rs. 57,000/- can be said to be in default and, therefore, now the recovery of the huge amount to the tune of Rs. 2,71,799/- cannot be said to be justified.
Be as it may, on the facts it is directed as an interim measure that petitioner will deposit an amount of Rs. 30,000/- within a period of one month from today directly in the respondent bank upon which the recovery of the remaining amount by coercive process shall remain stayed. In the event of default in depositing the amount the interim protection shall cease to operate and it will be open for the respondent bank to recover the amount at once by taking any coercive process.
Learned Chief Standing Counsel has accepted notice on behalf of respondents 1 to 3. Sri Satish Chaturvedi, learned Advocate represents respondent no. 4.
All the respondents may file counter affidavit by the next date.
List this petition in the week commencing 5th December, 2005.
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