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Virendra Singh v. State Of U.P. And Others - WRIT - C No. 70393 of 2005 [2005] RD-AH 5828 (16 November 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. S. K. Singh, J.

Prayer in this petition is for quashing the notice dated 21.8.2005 issued by the respondent no. 4 and for a direction to provide complete details of the statement of accounts etc.

There is no dispute about the fact that petitioner took loan and on account of non payment, recovery proceedings were started upon which petitioner came to this Court by filing writ petition no. 61653 of 2005 which was disposed of by this Court by its order dated  19.9.2005 by providing time schedule to the petitioner to make the required deposit. This court also directed in its order that the respondent bank will give complete details as desired by the petitioner.

Grievance of the petitioner, as argued, appears to be that the respondent bank is not providing details as requested by the petitioner although the petitioner is ready to pay the amount in terms of the order of this Court. Prayer is that  record may be summoned from the respondent bank.

After hearing the arguments noticed above this Court finds no substance in any of the two submissions. So far the prayer for quashing the notice dated 21.8.2005 is concerned this Court is of the view that this petition is the second writ petition on the same cause of action as in respect to the recovery proceedings petitioner earlier came to this Court upon which final direction was given. If petitioner has any grievance against the  respondent in respect to the non compliance then his remedy lies elsewhere. Petitioner cannot expect giving of same direction time and again by this Court.

Direction given in the order of this Court is clear and, therefore, writ petition filed by the petitioner being the second writ petition no relief can be given. So far the prayer for summoning of the record is concerned,  this Court finds no ground to issue any direction as prayed.

Writ petition accordingly fails and it is dismissed. However, it is for the petitioner to approach the concerned bank for doing the needful.





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