Single judge dismissed a writ petition challenging a recovery citation. The court held it lacks jurisdiction to fix repayment installments and found no illegality in the proceedings, noting the petitioner did not appear.
The writ petition for quashing the recovery citation and directing acceptance of installments was dismissed.
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Court No. - 70
Case :- WRIT - C No. - 12027 of 2020
Petitioner :- Satnam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajendra Kumar Singh Counsel for Respondent :- C.S.C.,Sanjai Singh
Hon'ble Jayant Banerji,J.
List has been revised. No one appears to press this petition. Shri Indu Shekhar Mishra holding brief of Shri Sanjai Singh, learned counsel for the respondent no.4 is present. Respondent nos.1, 2 and 3 are represented by the learned Standing Counsel.
This writ petition has been filed for the following reliefs:-
"(i) issue a writ, order or direction in the nature of certiorari quashing the recovery citation dated 19.12.2019.
(ii) issue a writ, order or direction in the nature of mandamus directing the respondent to accept the remaining recovery amount and interest in easy installments."
It appears that a recovery citation has been issued against the petitioner that appears on page no.13 for recovery of an amount of Rs.1,37,243/- alongwith other charges.
On perusal of the petition, no illegality is reflected in the recovery proceedings.
This Court in exercise of jurisdiction under Article 226 of the Constitution cannot pass any order for fixing of installments in repayment of the loan amount advanced to a borrower.
The writ petition lacks merit and is, accordingly, dismissed.
Order Date :- 25.8.2020 SK
(Jayant Banerji, J.)
3 issues framed by the court
Whether this court can pass an order for fixing installments in repayment of a loan amount.
Whether the writ petition disclosing any illegality in the recovery proceedings.
Whether the writ petition has merit.
1 provisions across 1 enactments
Satnam
State Of U.P.
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
