Court No. - 39
Case :- WRIT - C No. - 36039 of 2018 Petitioner :- Istyaq Ahmad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surendra Prasad Mishra Counsel for Respondent :- C.S.C.,Abhishek Mishra
Hon'ble B. Amit Sthalekar,J. Hon'ble Rajiv Joshi,J.
Heard Sri Surendra Prasad Mishra learned counsel for petitioner, learned Standing Counsel for respondent No.1 and 2 and Sri Harsh Drivedi holding brief of Sri Abhishek Mishra, learned counsel for respondent No.3.
The petitioner in the writ petition is seeking quashing of the recovery citation dated 12.09.2018 whereby a demand of Rs. 6,70,754/- has been made against him.
From the pleadings of the parties, it appears that loan was taken by the petitioner from the respondent No.3- Syndicate Bank, Branch- Dautai Garh, District- Hapur for purchasing a vehicle i.e. Maruti Swift Dzire Car but when he could not pay the loan, the impugned recovery citation has been issued.
According to the petitioner he is willing to deposit the said amount if proper instalments are fixed by the Court.
In our opinion, it is a matter entirely between the petitioner and bank concerned and it is not the business of the High Court to fix the instalments.
The writ petition is, therefore, dismissed. It is, however, provided that if the petitioner applies before the respondent No.3- Branch Manager, Syndicate Bank, Branch- Dautai Garh, District- Hapur within one week from today in respect of fixing instalments, the respondent No.3 shall consider the same by a reasoned and speaking order within one month thereafter.
Till such order is passed, it is provided that no coercive step shall be taken against the petitioner for recovery of the amount in pursuance of the impugned recovery citation.
Order Date :- 30.10.2018 Sweety