Court No. - 40
Case :- WRIT - C No. - 20089 of 2018 Petitioner :- Dheer Singh And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Hari Bhawan Pandey,Ramesh Kumar Shukla Counsel for Respondent :- C.S.C.,Anadi Krishna Narayana
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Shashi Kant,J.
Heard learned counsel for the petitioners and Sri Singh, learned counsel for the respondent bank.
The petitioners have come up contending that they have never taken a loan for which liability is sought to be fixed on the petitioners and the citation has been issued. In effect the allegations are that the then bank officials have fraudulently manipulated the existence of loan in the name of the petitioners and the then officials have also faced some criminal proceedings as well.
The recovery citation is sought to be challenge on this ground.
We are of the considered opinion that so long as it is not established that the petitioners are not the loanees which fact can only be established by leading evidence, a writ petition can not be entertained in the exercise of jurisdiction under Article 226 of the Constitution of India to traverse such facts. The remedy of the petitioner therefore lies in filing a Civil Suit if they are denying such a liability on such ground we are therefore not inclined to entertain the writ petition without prejudice to the rights of the petitioner to seek an appropriate remedy before the appropriate Forum. The writ petition is consigned to records.
Order Date :- 29.5.2018 R./