The High Court dismissed the writ petition challenging recovery citations and a prayer for supplying a machine. The court held the petitioner was not entitled to maintain a second petition on the same cause of action after an earlier one was dismissed.
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Court No. - 29
Case :- WRIT - C No. - 32327 of 2019
Petitioner :- Surya Pratap Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Akhil Kumar Srivastava,Madan Mohan Lal Counsel for Respondent :- C.S.C.,Ashish Agrawal
Hon'ble Pankaj Mithal,J. Hon'ble Vivek Agarwal,J.
Heard learned counsel for the petitioner and Sri Ajal Krishna who has accepted notice on behalf of the Union of Bank of India.
The primary challenge in this writ petition is to the recovery citation dated 15.6.2019 whereby the outstanding dues are sought to be recovered by the Bank.The petitioner has also made a prayer for a direction to respondent no. 6 to supply the Flex Machine for which he took loan from the Bank.
The contention of learned counsel for the petitioner is that the Bank had made payment directly to the dealer for supplying the machine it had not been supplied so far. Therefore, the recovery is bad against him.
The petitioner has earlier filed writ petition no. 26562 of 2019 challenging the said very recovery and the same was dismissed vide order dated 13.9.2019.
In view of the dismissal of the earlier writ petition, he is not entitle to maintain the second writ petition for the same cause action. In case machine has not been supplied by the dealer, he is free to take appropriate legal remedy against the dealer as may be advised to him in law.
The writ petition is dismissed with the above observation.
Order Date :- 17.10.2019 SKS
2 issues framed by the court
Whether the petitioner is entitled to maintain a second writ petition challenging the same recovery after an earlier petition was dismissed.
Whether relief should be granted directing the supply of the Flex Machine related to a bank loan.
Surya Pratap Singh
State Of U.P.
Pankaj Mithal
Vivek Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
