Court No. - 76
Case :- APPLICATION U/S 482 No. - 46451 of 2019 Applicant :- Suresh Chandra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Mukesh Kumar, learned counsel for the applicant and Sri Prashant Kumar, learned A.G.A. for the State.
It has been submitted by learned counsel for the applicant that co-accused Radha Krishn obtained loan of Rs.20,25,000/- from Gramin Bank of Aryavart Tirvaganj Branch, Kannauj under Micro Kamdhenu Scheme, in which the applicant and co- accused Ratiram were guarantors. The opposite party no.2 -Bank issued a notice to borrower, namely, Radha Krishn on 02.08.2019 under Section 13(2) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 by which the borrower was required to deposit Rs.12,49,169.00 with interest. For the rest amount, the applicant, who was simply a guarantor, has been held responsible.
Matter requires consideration.
Notice on behalf of opposite party no.1 has been accepted by learned A.G.A.
Issue notice to opposite party no.2 returnable at an early date.
Opposite party no.2 may file counter affidavit within four weeks after service. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may be filed within two weeks thereafter.
List this matter immediately after expiry of the aforesaid period before appropriate Bench.
Till the next date of listing, no coercive action shall be taken against the applicant in respect to arrest of the applicant in Case No.594 of 2019 (State Vs. Radha Krishn & others), arising out of Case Crime No.110 of 2019, under Sections 419, 420, 406 I.P.C., Police Station Kotwali Triva, District Kannauj.
It is clarified that the Court may proceed with respect to the recovery of the amount from co-accused Ratiram also.
Order Date :- 17.12.2019 Priya