Allowed

Narendra Kumar v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue and 3 Others

Allahabad HC17 Jan 2023/313/2023

Case brief

AI extract

What is this about?

The High Court disposed of a petition seeking quashing of a bank citation by directing the petitioner to deposit Rs.50,000 immediately and the balance in quarterly installments, with no recovery charges, preventing coercive action upon compliance.

What did the court decide?

Petitioner to deposit Rs.50,000 immediately; balance in quarterly installments; no recovery charges; no coercive action unless defaulted.

Narendra Kumar Vs State of U.P. Thru. Prin. Secy… — Consumer Protection | Allahabad HC (2023)

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Court No. - 7

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Case :- WRIT - C No. - 313 of 2023

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Petitioner :- Narendra Kumar

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Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue And 3 Others

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Counsel for Petitioner :- Ram Kinkar Upadhyay,Jagendra Counsel for Respondent :- C.S.C.,Gaurav Mehrotra

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Hon'ble Abdul Moin,J.

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Heard learned counsel for the petitioner, learned Standing Counsel appearing for respondents No.1 to 3 and Sri Santosh Kumar Tripathi, learned counsel appearing for respondent No.4-Bank, who has filed his Vakalatnama.

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By this writ petition, the petitioner has prayed for quashing the citation dated 03.09.2022 issued by opposite party no.2, a copy of which is Annexure No.1 to the petition.

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Learned counsel for the petitioner submits that petitioner is ready to deposit entire outstanding dues along with up to date interest provided he is given reasonable time.

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Learned counsel for the Bank submits that the Bank is interested in realisation of the amount and in case petitioner deposits the entire amount along with up to date interest within the time fixed by this Court, the Bank has no objection.

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Considering the aforesaid, the writ petition is disposed of with the following directions:-

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(i) The petitioner shall deposit a sum of Rs.50,000/- with the respondent Bank on or before 01.02.2023. On deposit of the said amount, the bank will provide statement of account to the petitioner. Thereafter, the balance amount along with up to date interest shall be paid by the petitioner in a denomination of Rs.40,000/- in equal quarterly installments. The first installment shall be paid on or before 01.05.2023.

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(ii) The petitioner shall deposit the amount with respondent-Bank and no recovery charges shall be realised from the petitioner.

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(iii) Subject to payment as directed above, no coercive action shall be taken against the petitioner in pursuance of the impugned citation. In the event, the petitioner commits any default in payment of the amount as directed above, the recovery proceedings shall stand revived and the Bank shall be at liberty to proceed against the petitioner in accordance with law.

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Order Date :- 17.1.2023 A. Katiyar

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Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench

Narendra Kumar v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue and 3 Others

Case brief

What is this about?

What did the court decide?

Narendra Kumar v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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