Petitioner sought a writ directing a bank to consider a representation and issue a No Dues Certificate. The court found the amount outstanding unproved and dismissed the petition as misconceived.
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Court No. - 32
Case :- WRIT - C No. - 19655 of 2019
Petitioner :- Ram Prakash Tripathi Respondent :- State Of U.P. And Another Counsel for Petitioner :- Sanjay Kumar Pandey Counsel for Respondent :- C.S.C., Satish Chaturvedi
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
This writ petition has been filed, interalia, for the following reliefs:
"(a) Issue a writ, order or direction in the nature of mandamus directing/commanding the respondent no. 2 to decide the representation dated 04.01.2018 within the stipulated period.
(b) Issue a writ, order or direction in the nature of mandamus directing/commanding the respondent no. 2 to provide the No Dues Certificate to the petitioner."
Heard learned counsel for the parties and perused the record.
Perusal of the notice issued by the respondentBank to the petitioner indicates that the amount is still outstanding against the petitioner. The petitioner has failed to establish that the entire amount due against him has already been paid by him to the concerned Bank.
In view of the above, we do not see any justification to interfere or issue any direction in the matter.
The writ petition is totally misconceived. Hence dismissed.
This order has been passed in the presence of Sri P.P. Srivastava, learned counsel for the respondent no. 2- State Bank of India.
Order Date :- 5.7.2019 Arun
2 issues framed by the court
Whether mandamus should issue to compel the bank to consider an old representation and issue a No Dues Certificate.
Whether the petitioner successfully proved that the entire amount due against him was paid to the concerned bank.
Ram Prakash Tripathi
State Of U.P.
State Bank of India
Shashi Kant Gupta
Saurabh Shyam Shamshery
As recorded by the court registry
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