Court No. - 39
Case :- WRIT - C No. - 18108 of 2019 Petitioner :- M/S Daya Engineering Works (Sleeper) Limited Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rohan Gupta, Counsel for Respondent :- C.S.C.,Manish Mehrotra,Sanjai Singh,Tarun Varma
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Heard Sri Rohan Gupta, learned counsel for the petitioner, Manish Mehrotra, learned counsel for respondent no.3, Sri Sanjai Singh, learned counsel for respondent no.5, Sri P.C.Srivastava (A/P 0526/12) holding brief of Sri Tarun Verma, learned counsel for respondent no.4 and learned standing counsel for the respondent nos. 1 and 2.
The petitioner in the writ petition is seeking a directing to the respondent- Bank to issue it a 'No Dues Certificate'.
Learned counsel for the petitioner submits that all the dues against the petitioner have been cleared under the one time settlement scheme but the Banks are not issuing a 'no dues certificate'.
Sri Manish Mehrotra, learned counsel for the respondent no.3 states that the Indian Overseas Bank has no objection as all its dues have been cleared by the petitioner but been consortium leader cannot issue 'no dues certificate' as some dispute is going on within Punjab National Bank and the petitioner.
If that be so, in our opinion reason for not issuing a 'no dues certificate' has to be communicated to the petitioner by passing an order by the respondents.
No useful purpose will be served by keeping the matter pending.
We, therefore, dispose of this writ petition with the direction to the respondent no.3 to examine the matter of the petitioner and pass an appropriate order giving reasons for not issuing a 'no dues certificate' and communicate the same to the petitioner within a period of 3 months from the date of receipt of a certified copy of this order in his office.
It is made clear that the Court has not adjudicated the claim of the petitioners on merits.
Order Date :- 29.5.2019/samz