Single-judge Writ Court dismissed a petition challenging a bank's attachment notice for defaulted crop loan instalments, finding no illegality in the recovery proceedings.
The writ petition challenging the attachment notification is dismissed.
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Court No. - 37
Case :- WRIT - C No. - 22408 of 2020
Petitioner :- Ram Swaroop Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vipul Shukla Counsel for Respondent :- C.S.C.,Krishna Mohan Asthana
Hon'ble Rajiv Joshi,J.
Heard Sri Vipul Shukla, learned counsel for the petitioner and Sri Gyanesh Kumar Mishra holding brief of Sri Krishna Mohan Asthana, learned counsel for the respondent-Bank.
Present writ petition has been filed challenging the impugned notification dated 2.9.2019 for the attachment of movable property pursuant to recovery proceedings in respect of crop loan given to the petitioner by respondent bank.
It reflects from the record that earlier the petitioner filed a writ petition before this Court being Writ C No. 8355 of 2018, which was finally disposed of on 5.3.2018 directing the petitioner to deposit the entire amount sought to be recovered directly in concerned bank in ten equal six monthly instalments. The petitioner has defaulted in paying the instalments pursuant to the aforesaid order. Hence, recovery proceeding was revived and the property was attached on 2.9.2019.
I do not find any illegality or infirmity in the impugned notification dated 2.9.2019.
The writ petition lacks merit and is, accordingly, dismissed.
Order Date :- 8.1.2021
Noman
2 issues framed by the court
Whether the impugned notification dated 2.9.2018 attaching movable property pursuant to recovery proceedings is legal.
Whether the petitioner defaults in loan instalments justifies the attachment of property.
Ram Swaroop
State Of U.P.
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
