Court No. - 34
Case :- WRIT - C No. - 6464 of 2019 Petitioner :- M/S Bhasin Batteries Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Mukesh Kumar Counsel for Respondent :- C.S.C.,Ravindra Nath
Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.
1. Sri Mukesh Kumar, Advocate, for petitioner, Sri Prashant Mathur, Additional Chief Standing Counsel, for respondents-1 and 2 and Sri Ravindra Nath, Advocate, for respondent-Bank.
2. Learned counsels for respondents stated at the outset that since issue raised in this writ petition is purely legal, therefore, they do not propose to file any counter affidavit and Court may decide it at this stage on the basis of record of writ petition and the arguments advanced by counsels for parties. We proceed accordingly.
3. It is contended by learned counsel for petitioner that respondent-Bank in respect to recovery of disputed amount has already filed Original Application No. 843 of 2018 under Section 19 of Recovery of Debts due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as “Act, 1993”) before Debt Recovery Tribunal, Allahabad where petitioner after receiving summons has already appeared and filed written statement disputing his liability and the matter is pending, still impugned recovery certificate has been issued invoking provisions of U.P. Public Money (Recovery of Dues) Act, 1972 (hereinafter referred to as “Act, 1972”) though dispute is within the ambit of Act, 1993 and provisions of Act, 1972 are not applicable.
4. Sri Ravindra Nath, Advocate, who has appeared for Bank, stated that recovery certificate has been issued erroneously since Manager of respondent-Bank was a new person posted, and therefore he was not aware. He stated that respondent-3 is going to withdraw recovery certificate. In view thereof and in terms of aforesaid statement, it is evident that impugned citation has been issued on the basis of an erroneous recovery certificate and the same cannot be sustained.
5. The writ petition is allowed. Impugned citation dated 16.11.2017 is hereby quashed.
Order Date :- 26.2.2019 PS