Court No. - 40
Case :- WRIT - C No. - 15207 of 2018 Petitioner :- Mohd. Naushad Ahmad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Babu Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Shashi Kant,J.
Heard learned counsel for the petitioner.
The petitioner had earlier come up before this Court in Writ Petition No.61285 of 2016 that was disposed of on 23.12.2016 by the following order:
"Heard the learned counsel for the petitioner and Smt.Pooja Talwar for respondent Nos.3.
Against the notice dated 07.10.2016, the petitioner has filed the present writ petition and prays that he is willing to pay the amount provided some breathing space is given. The learned counsel for the respondents has no objection if the amount is paid in installments.
Considering the facts and circumstances of the case that has been brought on record, coupled with the fact that the petitioner is ready and willing to pay the amount, we dispose of the writ petition with the following directions:
(i) In the event, the petitioner deposits a sum of Rs.3.0 lacs on or before 10.01.2017, no further recovery would be made. The balance amount would be paid in three equal installments.
(ii) The first installment shall be paid on or before 28.02.2017, the second installment shall be paid on or before 30.04.2017 and the third installment shall be paid on or before 30.06.2017.
(iii) In the event of default in any of the installments, it would be open to the respondents to recover the amount forthwith."
The petitioner has again come up contending that the petitioner has already approached the Debt Recovery Tribunal in the matter and in between an over due amount is again sought to be realized from the petitioner.
The bank has now proceeded to take possession by moving an application under Section 14 of the SARFAESI Act, 2002 hence this writ petition.
We are of the considered opinion that so far as the previous grievance of the petitioner is concerned the same stands foreclosed with the judgment dated 23.12.2016. In case he has any grievance still pending before the Debt Recovery Tribunal it is open to him to approach the Tribunal itself for the redressal of any grievances. This writ petition would now be not entertainable in view of the aforesaid facts. The writ petition is consigned to records.
Order Date :- 26.4.2018 R./