Court No. - 40
Case :- WRIT - C No. - 30731 of 2021 Petitioner :- Deepak Kumar Seth And Another Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Amit Kumar Singh,Shashi Singh Counsel for Respondent :- C.S.C.,Pashupati Nath Tripathi
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vikram D. Chauhan,J.
Third respondent on 16.8.2018 instructed the respondent Bank not to allow the petitioners to operate their bank accounts to the extent of Rs.18,75,000/-, which was the amount of sale consideration received by the petitioner from third respondent.
Such instructions were apparently issued by third respondent in view of the alleged dispute in respect of ownership of the property itself.
Learned counsel for the petitioners states that the dispute in that regard has since been resolved by the civil court and, therefore, there is no reason to allow the restraint to continue on petitioners' bank accounts.
Whether or not private dispute between petitioners and fifth respondent is resolved finally, is an aspect which can more appropriately be examined by the third respondent, at the first instance.
We are of the view that in the facts of the case, petitioners may approach the third respondent and place all relevant materials to demonstrate its plea that the dispute between the parties has already been resolved by the competent court. The third respondent shall examine such claim after affording opportunity of hearing to respondent no.5 and take appropriate decision, in accordance with law, expeditiously.
With the above observations/direction, this writ petition stands disposed off.
Order Date :- 17.12.2021 D. Tamang