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NATHU LAL AND OTHERS versus STATE BANK OF INDIA AND OTHERS

High Court of Judicature at Allahabad

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Nathu Lal and others v. State Bank of India and others - WRIT - C No. 76775 of 2005 [2005] RD-AH 7759 (19 December 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 entire money has been paid by the petitioner but even then huge amount is sought to be recovered by means of the recovery citation dated 7.12.2005.

After hearing the argument this Court is not satisfied with the correctness of the statement and at the same time this Court is also of the view that the citation (annexure no. 5) as filed with the petition is a manufactured document. There appears to be clear over writing in the citation which has been filed in the court in respect of the date of issuance of the citation and the date which is mentioned for appearance and the mention of the fact that certain amount is payable by the petitioner and there is mention of deposit of Rs. 25,000/- also appears to be unusual as this is not mentioned in other citations.

Be as it may, as this Court is suspicious in respect to the document so placed on record, the court has no option but to give time to the learned Standing Counsel and to the  counsel who appear for the bank to place the correct facts before this Court positively by the next date. It is for the Standing Counsel to obtain instruction from the Tehsil authorities and place before the court on the next date.

Learned Standing Counsel who has attended the matter is directed to ensure compliance of the order without any failure. It is made clear that if this document is found to be incorrect in any manner then this writ petition will be dismissed on this ground alone besides taking action against the petitioner.

As prayed, list this matter on 10.1.2006.

In the meantime if the petitioner deposits an amount of Rs. 40,000/- within ten days from today then the remaining amount will not be realised by taking any coercive process. It is made clear that if amount is not deposited within the time so allowed then the respondents will be free to recover the amount by  taking  any recourse. It goes without saying that this deposit will abide by the final directions of this Court.

Let certified copy of this order be made available to the learned Standing Counsel without payment of any charges by tomorrow and to the other counsel on payment of usual charges within the same time.

19.12.2005.

SKS

76775/2005


Copyright

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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