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M/S Chandan Ayush Hospital ... vs Chief Zonal Manager Central Bank ...

High Court Of Judicature at Allahabad|17 December, 2019

JUDGMENT / ORDER

Hon'ble Saurabh Lavania,J.
Heard learned counsel for petitioner, Sri Vijay Krishna, learned counsel for respondents and perused the record.
Facts in brief as submitted by learned counsel for petitioner are that petitioner is registered Hospital in the name and style of Chandan Ayush Hospital, situated over er the plot No. 72 of Khasra No. 87 Village Raipur, opposite Dr. Virendra Pratap College IIM Road, Lucknow and petitioner under Micro Small Enterprises applied for mortgage loan for construction of Hospital before opposite party and the same has been sanctioned on 23.01.2015 but sanction letter was not provided and the loan amount of Rs. 15,00,000/- disbursed in the account of petitioner, thereafter petitioner started construction.
Learned counsel for petitioner submits that respondent No. 3 is being deducting the C.G.T.M.E. amount from the savings bank account of the petitioner which was not stated at the time of sanction of the loan, and teh loan is mortgage loan against the property the loan of the petitioner and scheme of C.G.T.;S.M.e. is not applicable in the case of petitioner, so on 04.08.2018, petitioner preferred representation before the respondent No. 1 & 2 stating the full facts and circumstances as amount for C.G.T.S.M.e. has been deducted which is illegal, but till date no heed has been in spite of repeated requests and reminders, so for redressal of its grievances, petitioner approached this Court by filing present writ petition with the following main prayer:-
"i) to issue, a writ, order or direction in the nature of mandamus thereby restraining the opposite parties form deducting amount from loan account of the petitioner for C.G.T.S.M.E. forthwith.
ii) to issue, a writ, order or direction in the nature of mandamus commanding the opposite parties to refund/adjust the amount already deducted for C.G.T.S.M.E."
After hearing learned counsel for parties and going through the record, the writ petition is disposed of with a liberty to the petitioner to move a fresh representation before respondent No. 1/Chief Zonal Managar, Central Bank of India, Hazratganj, Lucknow within three weeks from today in respect to its grievances which it has raised in the present writ petition annexing all relevant documents and materials in support of its case and after receiving the same respondent No. 1 shall consider and decide by way of speaking and reasoned order in accordance with law within a further period of six weeks thereafter.
(Saurabh Lavania, J.) (Anil Kumar, J.) Order Date :- 17.12.2019 Ravi/
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Title

M/S Chandan Ayush Hospital ... vs Chief Zonal Manager Central Bank ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
17 December, 2019
Judges
  • Anil Kumar
  • Saurabh Lavania