Mithai Lal v. State of U.P. and Another
Case brief
What is this about?
This court disposed of a writ petition filed for quashing a recovery certificate. The court directed the petitioner to deposit a loan balance of Rs. 4,00,000/- in three instalments and ordered the bank to release account statements after the second payment.
What did the court decide?
Petitioner directed to pay Rs. 1,50,000/- in three instalments; Bank to provide statement after second instalment.
What the court decided
Court No. - 5
Case :- WRIT - C No. - 12671 of 2019
Petitioner :- Mithai Lal Respondent :- State Of U.P. And Another Counsel for Petitioner :- Pradeep Kumar Counsel for Respondent :- C.S.C.,Abhishek Mishra
Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the respondent no. 1 and Sri Harsh Dwivedi for the respondent no. 2.
With the consent of the counsel for the parties, the writ petition is disposed of.
The instant writ petition has been filed for quashing of the recovery certificate dated 24.01.2019 issued by the respondent no. 2 by which the respondent no. 2 has directed the petitioner to deposit a sum of Rs. 4,00,320/- which is due to the petitioner as against the loan disbursed by the respondent no. 2 to the tune of Rs. 3,00,000/- for development of the dairy farm.
Having heard the counsel for the parties, the writ petition is disposed of by directing the petitioner to pay sum of Rs. 1,50,000/- on or before 15th May, 2019 as first instalment. The second instalment of Rs. 1,50,000/- will be paid by the petitioner on or before 30th June, 2019 and the last instalment of the remaining amount will be paid by the petitioner on or before 31st July, 2019.
The respondent-Bank will provide the statement of account to the petitioner immediately after deposit of the second instalment.
Issues for consideration
3 issues framed by the court
Whether the writ petition for quashing of the recovery certificate should be disposed of with directions for instalment partition.
Whether the first instalment of Rs. 1, 50, 000/ should be paid to reduce the dues to half.
Whether the account statement should be provided after the second instalment.
Parties & counsel
- petitioner
Mithai Lal
- respondent
State Of U.P.
- respondent
Respondent No. 2 (Bank)
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- WRIC/12671/2019
Similar cases
Judgements on the same questions, provisions and authorities, from every court