High Court of Judicature at Allahabad
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Punnoo v. State Of U.P. Thru' Secy. Revenue Deptt. & Others - WRIT - C No. 54340 of 2005  RD-AH 4272 (17 October 2005)
Hon. S. K. Singh, J.
After hearing learned counsel for the petitioner and Sri Chaturvedi who appears for the respondent bank it appears that there is serious dispute in respect to various factual aspect and the allegations are against the respondent no. 5 and thus unless respondent no. 5 is served matter cannot be effectively decided. It transpires that notice could not be issued to the respondent no. 5 earlier.
Issue notice to respondent no. 5. Steps will be taken within one week. Office will indicate a date in the week commencing 21st November, 2005. Petitioner is further directed to serve respondent no. 5 personally for which steps will be taken. Affidavit of service is to be filed by the next date.
On the facts it is further directed that in addition to the interim protection given to the petitioner on 12.8.2005, recovery will not be pressed by taking any coercive process provided petitioner deposits an amount of Rs. 40,000/- directly in the respondent bank within a period of three weeks from today. It is further provided that the tractor and other assets which has been purchased out of the loan amount will not be transferred or dealt with in any manner by the petitioner.
Sri Chaturvedi is also directed to inform the bank for giving intimation in writing to the respondent no. 5 about pendency of this writ petition and a date is fixed in this Court in the week commencing 21st November, 2005.
List this matter in the week commencing 21st November, 2005.
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