Court No. - 29
Case :- WRIT - C No. - 42194 of 2018 Petitioner :- Raju Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Archana Singh,Prem Shankar Kushwaha Counsel for Respondent :- C.S.C.,Ravi Prakash Pandey
Hon'ble Pankaj Mithal,J. Hon'ble Pankaj Bhatia,J.
The submission of learned counsel for the petitioner is that in respect of cash credit limit granted to him which is a commercial transaction, the respondent bank is recovering the amount as arrears of land revenue which is not legally permissible.
Secondly, the bank has even resorted to proceedings under The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002, and therefore, both the proceedings cannot continue simultaneously.
Sri R.P. Pandey, learned counsel for the bank makes a statement that the proceedings for recovering the amount as arrears of land revenue i.e. recovery certificate dated 03.11.2018 has already been dropped/withdrawn by the bank.
In the writ petition, the challenge is only to the aforesaid demand/recovery notice and since it has been dropped/withdrawn, no cause of action survives in the petition.
It, accordingly, stands disposed of with liberty to the bank to proceed in accordance with law to recover the dues from the petitioner, if any.
Order Date :- 19.12.2018 Nirmal