Court No. - 7
Case :- WRIT - C No. - 31584 of 2018 Petitioner :- Girish Chandra Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vinay Kumar Pal,Satya Dheer Singh Jadaun Counsel for Respondent :- C.S.C.,Habib Ahmad
Hon'ble Saumitra Dayal Singh,J.
1. Counter affidavit have been filed by the State and the respondent no. 4. Learned counsel for the petitioner does not wish to file rejoinder affidavit.
2. The present writ petition has been filed seeking a mandamus for disbursement of money under the Mini Kamdhenu Dairy Scheme of the State Government.
3. Admittedly the petitioner had applied under the scheme and he had been disbursed a sum of Rs.15,63,619/- by way of loan by the respondent bank. The petitioner claims to have invested Rs.4,63,860/- by way margin money. The borrower had to invest 25% margin money to avail finance for 75% fro mthe bank. The petitioner therefore claims to be aggreived by non-release of the balance sanctioned amount.
4. The respondent-bank on the other hand contends that the petitioner had made default in the payment of amount so advanced by the bank, and therefore, the recovery certificate 11.07.2018 had been issued against a petitioner for a recovery of Rs.16,07,357/-. Copy of such certificate has been annexed with the counter affidavit filed by the bank.
5. In such facts the claim being made by the petitioner that the further amount disbursed to him appears to be wholly misconceived inasmuch as the rights of the petitioner do not survive after the issuance of recovery certificate which admittedly has not been challenged at present. No defaulting borrower can claim a right to additional finance to the prejudice of the creditor.
6. Accordingly, the writ petition is dismissed.
Order Date :- 27.11.2018 S.Chaurasia