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CHATRAPAL SINGH versus STATE OF U.P. THRU' SECY. (FINANCE) & OTHERS

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 [2005] RD-AH 4101 (6 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).

HIGH COURT OF JUDICATURE OF ALLAHABAD

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.

6.10.2005.

SKS

65410/2005


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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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