Court quashed the recovery citation dated 24.7.2018 issued by the Tehsildar, Mainpuri. This decision was made on the statement by the bank's counsel that the demand letter against the petitioner had been withdrawn. The writ petition was subsequently allowed.
Quashing of the recovery citation dated 24.7.2018 issued by the Tehsildar, Mainpuri.
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Court No. - 39
Case :- WRIT - C No. - 32552 of 2018
Petitioner :- Sonali Jain Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Ashish Agrawal Counsel for Respondent :- C.S.C.,Sunil Kumar Srivastava
Hon'ble B. Amit Sthalekar,J. Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Ashish Agrawal, learned counsel for the petitioner, learned Standing Counsel for respondents no. 1 & 2 and Sri Sunil Kumar Srivastava, learned counsel for the respondent no. 3, bank.
The petitioner in the writ petition is seeking quashing of the recovery citation dated 24.7.2018 issued by the Tehsildar, Mainpuri, respondent no. 2.
Sri Sunil Kumar Srivastava, learned counsel for the respondent bank, on the basis of the instructions received from the bank, states that the bank has withdrawn its demand letter against the petitioner.
In this view of the matter, we quash the recovery citation dated 24.7.2018 issued by the Tehsildar, Mainpuri, respondent no. 2 on the statement made by learned counsel for the respondent bank.
The writ petition is allowed.
It is made clear that this order shall be without prejudice to the right of the respondents to recover the amount from the petitioner by any lawful means available to them.
Order Date :- 12.10.2018 nd
3 issues framed by the court
Whether the recovery citation dated 24.7.2018 issued by the Tehsildar, Mainpuri should be quashed upon the bank's withdrawal of the demand letter.
Whether the order of quashing the recovery citation is without prejudice to the respondents' rights to recover the amount by lawful means.
Whether the writ petition should be allowed.
Sonali Jain
State Of U.P.
02 Others
B. Amit Sthalekar
Surya Prakash Kesarwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
