Court No. - 40
Case :- WRIT - C No. - 14010 of 2018 Petitioner :- M/S Pushpa Rice Mill Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Bharat Pratap Singh Counsel for Respondent :- C.S.C.,Habib Ahmad
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Shashi Kant,J.
Heard learned counsel for the petitioner, Sri Habib Ahmad, learned counsel for the respondent bank, Sri B.D.Pandey, learned counsel for the respondent no.2 and the learned Standing Counsel for the respondent no.1.
The instructions are stated to have been received from the District Village Industries Officer Sri Ram Autar Yadav according to which the District Village Industries Officer has sanctioned the disbursement of the amount after checking the claim of the Allahabad Bank. The two documents which have been placed before us indicate the rate of interest and the amount due the reimbursement whereof is sought by the bank from the respondent no.3. The respondent no.2 has however after checking reduced the amount and has disbursed a lesser amount then what was claimed by the bank. It is this deficiency which is now sought to be realized from the petitioner who has prayed that a mandamus be issued to the respondent nos.2 and 3 to settle the disbursement after calculating the interest which the bank is entitled to receive from the respondent no.2. This has to be done in accordance with the scheme as also the letter dated 29.03.2011 copy whereof has been filed as annexure-1 to the writ petition.
In the aforesaid circumstances we direct the respondent nos.2 and 3 to communicate with each other and then accordingly calculate the liability of the payment as also the authority liable to make the reimbursement as per the scheme under which the loan had been sanctioned to the petitioner. This exercise may be completed within three weeks from today. Since both the respondent nos.2 and 3 are already represented before this Court it is further directed that in the event any clarification is wanted from the petitioner the petitioner shall be put to notice about the same who shall inform the respondent nos.2 and 3 accordingly.
The writ petition stands disposed of with the said direction.
Order Date :- 25.4.2018 R./