Court No. - 28
Case :- WRIT - C No. - 5908 of 2019 Petitioner :- Geetam Singh And 3 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Bharat Pratap Singh Counsel for Respondent :- C.S.C.,Tarun Varma
Hon'ble Rohit Ranjan Agarwal,J.
Heard Shri Bharat Pratap Singh, counsel for the petitioners, Standing Counsel for respondent Nos. 1 to 3 and Shri Ram Mohan Pandey holding brief of Shri Tarun Varma.
The contention of petitioner Nos. 2 to 4 is that their father Geetam Singh had taken a loan from the Bank in the year 2012.
Geetam Singh died on 04.02.2013.
A recovery certificate was issued by the bank on 12.10.2018 against Geetam Singh, father of the petitioner.
Shri Bharat Pratap Singh, counsel for petitioners submits that recovery cannot be issued against a dead person.
Shri Pandey holding brief of Tarun Varma, counsel for the Bank submits that the Bank will withdraw the said recovery certificate issued against Geetam Singh and they may be permitted to proceed afresh in accordance with law.
In view of the statement so made the recovery certificate dated 12.10.2018 is quashed keeping it open for the respondent-Bank to proceed in accordance with law afresh.
The writ petition is allowed.
Order Date :- 26.2.2019 A.N. Mishra