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Ashraf Jameel And Others v. S.D.M., And Others - WRIT - C No. 8756 of 2004 [2006] RD-AH 77 (2 January 2006)


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                                                                                       Court No.38

Civil Misc. Writ Petition No. 8756 of 2004

Ashraf Jameel & others      Vs.      Sub-Divisional Magistrate, Nagina,

     Bijnor and others

Hon'ble Vineet Saran, J

Late Qasimuddin, who was father of petitioners no. 1, 2, 3 and 4 and the husband of petitioner no. 5, had taken a loan from respondent no. 3 for purchase of fertilizers and sugar-cane seeds. On their being default in payment of the loan amount, a recovery certificate was issued on 17.11.2000 for recovery of an amount of Rs. 56,100.60P from the petitioners.

The contention of the petitioners is that although, after the issuance of the recovery certificate, the petitioners have already deposited a sum of Rs.57,026/- but still the respondents are continuing to recover the further amount from the petitioners and are not even furnishing any accounts. Hence, this writ petition has been filed with a prayer for a direction to the respondents to furnish the statement of account to the petitioners, charge simple interest on the amount due against the petitioners and thereafter the petitioners may be granted reasonable time for payment of the amounts so due in four instalments.

I have heard Sri Anil Sharma, learned counsel appearing for the petitioners as well as learned Standing Counsel appearing for the respondents no. 1 and 2. Notices issued to respondent no. 3 were returned back and by order dated 17.12.2004 passed by this Court, the service was found sufficient and the respondent no. 3 is deemed to have been served. Despite time having been granted to the respondents, no counter affidavit has yet been filed.

As per averments made in the writ petition, in response to the recovery certificate dated 17.11.2000 for an amount of Rs. 56,100.60P., the petitioners have already deposited Rs. 57,026/-. It is the specific case of the petitioners that respondent no. 3 has not furnished any account giving details of the dues outstanding against the petitioners on account of the loan taken by Sri Qasimuddin.

Considering the aforesaid facts, this writ petition is being disposed of with the direction that in case if, with regards to their grievances made in this writ petition, the petitioners file a fresh comprehensive representation before respondent no. 3, the Nagina Sahkari Ganna Vikas Samiti Limited, Nagina, district Bijnor within three weeks from today alongwith a certified copy of this order, the said respondent no. 3 shall furnish the detailed account of loan and its outstanding, after making adjustment of all the payments made by the petitioners, within one month thereafter and if any dues still remain outstanding against the petitioners, the respondent no. 3 shall fix four equal monthly instalments for payment of the same. The contention of the petitioners regarding rate of interest shall also be considered by the said respondent no. 3 while deciding the representation of the petitioners.

With the aforesaid observations/directions, this writ petition is finally disposed of. No order as to costs.




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