Court No. - 42
Case :- WRIT - C No. - 16934 of 2021 Petitioner :- Ramnivas Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Kumar Sharma Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and Sri Yashwant Singh, learned counsel appearing for the respondent no. 4, Union Bank of India.
Present petition has been filed with following prayer:-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the recovery proceeding against the petitioner in pursuance of the recovery certificate dated 01.09.2020 issued by the respondent no. 4 demanding Rs. 10,21,327/- + interest and recovery charges.
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to realize the actual due amount in easy instalments after excluding recovery charges any penal interest and further direct the respondents not to adopt any coercive action against the petitioner in pursuance of the recovery certificate dated 01.09.2020."
At the very outset, learned counsel for the petitioner has produced a copy of the letter/ communication dated 10.2.2021 whereby it has been informed that six monthly instalments has been fixed towards the loan standing in the name of the petitioner's wife Smt. Shila Devi.
Both the parties agree that under such circumstances, the petitioner may also approach respondent no. 4, Union Bank of India, Branch- Dholna, District- Kasganj, through Branch Manger, who shall consider the grievance of the petitioner in the light of the aforesaid communication dated 10.2.2021.
Sri Yashwant Singh, learned counsel appearing for the respondent no. 4 has no objection to the same and agree that the respondent no. 4 will look into the grievance of the petitioner.
Accordingly, present petition stands disposed of with liberty to the petitioner to approach the respondent no. 4 by way of filing a representation. In case, any such representation is filed by the petitioner before the respondent no. 4 within a period of 10 days from today, the same shall be considered and decided by him in the light of above noted communication dated 10.02.2021 within a period of one month from the date of filing of such representation before him.
It is further made clear that for a period of six weeks' or till the representation of the petitioner is decided by the respondent no. 4, whichever is earlier, no coercive action shall be taken against the petitioner.
It is made clear that this Court has not considered the claim of the petitioner on merits.
With the aforesaid observations/ directions, present petition stands disposed of.
Order Date :- 28.7.2021 Aditya