Court No. - 38
Case :- WRIT - C No. - 5858 of 2019 Petitioner :- Shahbudin And Another Respondent :- District Magistrate/Collector Bijnor And 3 Others Counsel for Petitioner :- Mohd. Afzal Counsel for Respondent :- C.S.C.,Sudha Pandey
Hon'ble Abhinava Upadhya,J. Hon'ble Jayant Banerji,J.
Ms. Saumya Srivastava holding brief of Shri Mohd. Afzal, learned counsel for the petitioners is present.
This is a writ petition against the recovery of loan.
Ms. Sudha Pandey, learned counsel appearing for the bank was requested to seek instructions in the matter and, upon instructions, she submits that the recovery as arrears of loan is wrongly being pursued as the loan disbursed to the petitioners was commercial in nature and, therefore, the bank is now taking steps for withdrawal of the impugned recovery citation.
Upon statement made by Ms. Sudha Pandey, learned counsel for the bank that the bank is withdrawing the recovery citation, no cause of action can be said to survive.
The writ petition is, accordingly, dismissed as infructuous.
Order Date :- 25.2.2019 SK (Jayant Banerji, J.) (Abhinava Upadhya, J.)