Court No. - 32
Case :- WRIT - C No. - 58825 of 2012 Petitioner :- Smt. Sunita Garg Respondent :- State Of U.P. Thru Secy. And Others Counsel for Petitioner :- H.P. Mishra Counsel for Respondent :- C.S.C.,D. Vaish
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
The writ petition, inter alia, has been filed for the following reliefs :-
"(i) issue a writ, order or direction in the nature of certiorari quashing the impugned recovery citation dated 12/9/2012 (Annexure No.1 to the writ petition) issued under seal and signature of respondent no.2.
(ii) issue a writ, order or direction in the nature of mandamus commanding the respondents not to recover the amount in pursuant to recovery citation dated 12/09/2012 (Annexure No.1 to the writ petition) issued under seal and signature of respondent no.2."
Heard learned counsel for the parties and perused the record.
The case of the petitioner is that he had taken loan of Rs.39,100/- in the year 2005 for purchasing motorcycle and the entire amount was paid by him on 23.12.2006.
Learned counsel for the petitioner submitted that the petitioner has filed the statement of account which clearly indicates that the loan amount was paid. He has further submitted that the Bank despite repayment has issued recovery certificate on the basis of citation issued dated 12.9.2012 for the recovery of amount of Rs.36,000/-.
This Court, vide order dated 8.11.2012 while granting interim order directed the respondent - Bank to file counter affidavit for which three weeks time was granted but no counter affidavit was filed. Thereafter, on 23.4.2018, two weeks and no more time was granted to the respondent - Bank but again no counter affidavit was filed. Again the matter was listed on 29.5.2018 and on the said date, neither any counsel appeared on behalf of the respondent nor any counter affidavit was filed. Thereafter, the matter was listed on 4.7.2018 and again an opportunity was granted to respondent - Bank to file counter affidavit for which three weeks' and no more time was granted, but then also, counter affidavit was not filed. On 1.8.2018, it was directed that the matter be listed in the next cause list peremptorily.
Today again the matter is listed. Respondent - Bank has not yet filed any counter affidavit despite the time having been granted by this Court several times. The matter is pending since 2012 and it cannot be allowed to remain pending ad infinitum due to in action of the Bank.
The respondent - Bank has not filed any counter affidavit despite giving several opportunities. There is nothing on record to dispute the averments made in the petition.
Thus, the averments made in the petition remained uncontroverted.
Accordingly, the impugned citation dated 12.9.2012 is hereby quashed if the impugned amount not already recovered from the petitioner.
This order has been passed in presence of Shri Shesh Nath Pathak, Advocate holding brief of Shri Dharmendra Vaish, learned counsel for the respondent - Bank.
The writ petition stands finally disposed of with the aforesaid observations.
Order Date :- 22.8.2019 Rishabh