Court No. - 29
Case :- WRIT - C No. - 30761 of 2019 Petitioner :- Param Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Gulab Chandra,Arvind Kumar Saxena Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard Sri Gulab Chandra, learned counsel for the petitioner and learned Standing counsel for the respondents.
The petitioner has filed this petition for quashing of recovery citation dated Nil for a sum of Rs. 14,17,588/-plus others.
The Bank has proceeded to recover the aforesaid amount on the allegation that the petitioner took loan and had defaulted in its payment.
The submission of Sri Gulab Chandra, learned counsel for the petitioner is that the petitioner has not taken any loan from the Bank and that respondent no. 5 is the real person who took the loan by manipulation. In this connection, petitioner has lodged FIR against respondent no. 5 wherein after investigation charge sheet has also been submitted against respondent no. 5.
The question whether the loan was taken by the petitioner or by respondent no. 5 is a question of fact to be decided on the basis of evidence. So far there is no adjudication in this regard by any competent authority that the loan was taken by respondent no. 5 and not by the petitioner.
In view of the aforesaid facts and circumstances, we are not inclined to exercise our discretionary jurisdiction in the matter and it is upon the petitioner to avail the remedy that may otherwise be available to him in law. The petitioner may also agitate the matter before the Bank authorities and it will be open for them to consider the matter in accordance with law.
The petition is dismissed with the above observation.
Order Date :- 27.9.2019 SKS