Court No. - 5
Case :- WRIT - C No. - 20309 of 2019 Petitioner :- Dilip Kumar Jaisawal Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Anant Vijay Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Pankaj Bhatia,J.
Heard Sri Anant Vijay, learned counsel for the petitioner and the learned standing counsel for the respondent Nos.1, 2 and 3.
This writ petition has been filed praying for a writ, order or direction in the nature of certiorari quashing the impugned recovery citation dated 28.02.2019 issued by the respondent No.4- Bank for recovery of a sum of Rs.40 lacs. In paragraph-7 of the writ petition, the petitioner has made the following averment:
"That the petitioner being aggrieved by the fraudulent and harassing action of respondent No.4 on 13/03/2019 filled objection against the notice dated 31/07/2018 and 28/02/2019 through registered post to the branch manager on the ground that the first and second notice issued by the respondent no.4 itself is defective for the reason that no date of grant of loan and limit of cash credit loan is not given and its surprising that exact due amount of loan has also not been mention is in the second notice. It is pertinent to mention here that the amount of cash credit loan has been got fraudulently shown due from Rs.15 lakhs to 40 lakhs within the period of first notice dated 31/07/2018 to second notice dated 28/02/2019 i.e. only near about 7 months. The petitioner further requested for supply of statement of account of entire transaction within 15 days to the petitioner so that truth may come into light but the respondent no.4 did not supply the statement of account to the petitioner and objection of the petitioner is pending before respondent no.4."
Learned counsel for the petitioner submits that the representation dated 13.03.2019 has not been decided as yet by the respondent No.4 - Bank and an illegal recovery certificate has been issued.
Considering the facts and circumstances of the case, no useful purpose would be served by calling for counter affidavit and instead it would be appropriate to dispose of the writ petition directing the respondent No.4 - Bank to decide the representation of the petitioner dated 13.03.2019 in accordance with law preferably within three weeks from the date of presentation of a certified copy of this order along with a copy of representation.
In view of the aforesaid, this writ petition is disposed of directing the respondent No.4 - Bank to decide the representation of the petitioner dated 13.03.2019 in accordance with law expeditiously, preferably within three weeks from the date of presentation of a certified copy of this order along with a copy of representation and also provide a copy of statement of account to the petitioner within the same period. For the period of four weeks, no coercive action shall be taken against the petitioner pursuant to the impugned recovery certificate.
It is made clear that we have not expressed any opinion on merits of the claim of the petitioner.
Order Date :- 17.6.2019 NLY