Mukesh Kumar Vs Union of India and 2 Others

Court No. - 39

Case :- WRIT - C No. - 3575 of 2019

Petitioner :- Mukesh Kumar Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Rajesh Kumar Counsel for Respondent :- C.S.C.,A.S.G.I.,Krishna Mohan Asthana

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Hon'ble B. Amit Sthalekar,J. Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Sri Rajesh Kumar, learned counsel for the petitioner, Sri Y. K. Narayan holding brief of Sri K.M. Asthana, learned counsel for the respondent bank, respondent no.2 and learned Standing Counsel for the respondent no. 3.

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The petitioner in the writ petition is seeking quashing of the recovery certificate dated 08.12.2018 whereby a recovery of Rs.2,75,044/- is sought to be made from him in pursuance of the loan of Rs.2 Lac taken by him in 2015.

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In paragraph 15 of the writ petition, it is stated that the petitioner is ready and willing to deposit the entire loan amount if easy instalments are fixed.

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In our opinion, it is not the business of the High Court nor does it fall within the jurisdiction of the High Court to fix instalments for repayment of loan. The petitioner has taken loan from the bank and it is purely a financial transaction between the petitioner and the concerned bank. The petitioner may approach the respondent Bank with his representation.

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The writ petition is disposed of with a direction that if the petitioner appears before the Branch Manager, Canara Bank, Branch Chmkari, District Etah, respondent no. 2 on 13.02.2019 at 11 a.m. along with a certified copy of this order as well as his representation giving consent to deposit the entire amount in instalments, the respondent no. 2 shall hear the petitioner and thereafter, decide the representation in accordance with law within a further period of 15 days.

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It is made clear that the Court has not adjudicated the claim of the petitioner on merit.

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Order Date :- 1.2.2019 nd

Mukesh Kumar v. Union of India and 2 Others

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Mukesh Kumar v. Union of India and 2 Others

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