Sanjeev Kumar v. State of U.P. and 3 Others

Court No. - 21

Case :- WRIT - C No. - 5402 of 2022

Petitioner :- Sanjeev Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Devashish Mitra Counsel for Respondent :- C.S.C.

Hon'ble Manoj Kumar Gupta,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.

The petitioner is aggrieved by a notice issued to him under Section 95-A of the U.P. Cooperative Societies Act, 1965 in relation to certain loan availed by him from Mathura Zila Sahkari Bank Ltd., Branch Sadabad, Hathras. The notice was issued to him to pay the balance of the principal amount as well as the interest, total sum being Rs.5 lakhs and odd or in case he has any objection to the same, furnish his reply/objection by 30th July, 2021.

Learned counsel for the petitioner points out that the petitioner has submitted his reply within time on 28.7.2021 and in which he stated that he is ready to pay the entire sum in installment. It is urged that the reply given by the petitioner and the prayer made therein has not been considered by the respondent Bank so far. Learned counsel for the petitioner again submitted placing reliance on the stand taken in paras 13 and 14 of the writ petition that the petitioner is ready and willing to pay the remaining amount as well as the interest in installment.

Having regard to the above stand, we dispose of the writ petition with direction to respondent no.2 to consider the said request of the petitioner in case the petitioner files a fresh representation alongwith true attested copy of the instant order within three weeks from today. The impugned recovery will abide by the decision that shall be taken by respondent no.2 on the representation of the petitioner.