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Rakesh Kumar vs State Of U P And Others

High Court Of Judicature at Allahabad|11 October, 2018


Court No. - 18
Case :- WRIT - C No. - 33131 of 2018 Petitioner :- Rakesh Kumar Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Mohd. Aslam Khan Counsel for Respondent :- C.S.C.,Abhishek Mishra
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Mohd. Aslam Khan, learned counsel for the petitioner; learned counsel for the State respondents and Shri Harsh Dwivedi, Advocate holding brief of Shri Abhishek Mishra, learned counsel for the third respondent.
Petitioner is before this Court with the direction in the nature of mandamus commanding and directing to the third respondent not to recover the expenses of legal notice as well as auction notice to the petitioner.
Record in question reflects that against the recovery proceeding, which was initiated against the petitioner, the petitioner has preferred Writ Petition no.10048/2017 (Rakesh Kumar vs. State of U.P.). Finally, the writ petition was disposed of vide order dated 06.03.2017 asking the petitioner to deposit Rs. 1 lakh on or before 19.04.2017 and thereafter the statement of account would be furnished tot he petitioner within a period of two weeks and he was also directed to pay the rest of the amount within six quarterly installments wherein first installment was due on 19.07.2017.
Learned counsel for the petitioner submits that so far as the aforesaid order is concerned, the petitioner has complied with the same and at no point of time, there was any default on his part and at present sixth intallments is due on 19.10.2018. He further submits that while giving statement of account, which is appended as annexure 4 to the writ petition, the bank had added Legal Charges-9, Auction Charges-7, which is not maintainable and as such, it is contended that the aforesaid charges cannot be levied by the bank.
Once an objection has been raised and the aforesaid relief is being asked for, the Court has proceeded to examine the record in question and finds that so far as facts of the case are concerned, the same are not disputed as the petitioner has taken a loan of Rs.2,50,000/- and this is admitted situation that petitioner had defaulted in depositing the amount in question and consequently the recovery citation was issued asking the petitioner to deposit the amount of Rs.4,58,704/-. The said recovery has been assailed by the petitioner by preferring aforesaid Writ Petition no.10048/2017, wherein, admittedly the installments were facilitated to the petitioner. It is further reflected that while issuing the aforesaid notice/recovery citation, as per the statement of fact, the said charges were inclusive of but while passing the order dated 06.03.2017, the Court has only given the benefit of the installment and the said charges have never been wiped of.
In such circumstances, the Court is of the considered opinion that at this stage, the said charges cannot be assailed by the petitioner by preferring a subsequent writ petition and the Court is not inclined to modify the order dated 06.03.2017.
Once the Court has declined to accord any relief to the petitioner, learned counsel for the petitioner, on the basis of instructions so received, has informed that petitioner is ready to deposit the sixth installment, which is due in this month, and in this backdrop, it is prayed that the bank may be asked to accord no objection certificate to the petitioner in pursuance thereof.
The said request has been accepted by the learned counsel for the bank after taking instructions from his client and he has informed to the Court that the moment the last installment is deposited, the petitioner would be accord no objection certificate.
In view of the above, the Writ Petition is disposed of asking the petitioner to comply with the order dated 06.03.2017 and deposit the sixth/last installment before the bank concerned and it is further provided that thereafter the bank would provide the no objection certificate to the petitioner at the earliest.
Order Date :- 11.10.2018 A. Pandey
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Rakesh Kumar vs State Of U P And Others


High Court Of Judicature at Allahabad

11 October, 2018
  • Mahesh Chandra Tripathi
  • Mohd Aslam Khan