Disposed¶14

Anil Kumar Tiwari v. State of U.P. and 2 Others

Allahabad HC20 Jan 2025WRIC/1515/2025

Case brief

AI extract

What is this about?

WRIT - C No. 1515 of 2025; Anil Kumar Tiwari v. State of U.P. and 2 others; Allahabad High Court; Vikram D. Chauhan, J.; order dated 20.1.2025; writ of certiorari to quash bank recovery certificate dated 10.07.2021 (No. 202112405288000055); recovery proceedings; waiver scheme benefit denied; District Consumer Forum, Ballia; stay of recovery proceedings; Rs. 2,45,940/-; petition disposed of with liberty to apply to Consumer Forum for stay; no interference by High Court while Consumer Forum seized of loan matter.

What did the court decide?

Liberty to the petitioner to prefer an appropriate application before the District Consumer Forum; any such application would be considered and decided at the earliest. No interference with the recovery proceedings. ¶14

Anil Kumar Tiwari vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶14

Issue for consideration

Whether the High Court should quash/interfere with the recovery certificate and recovery proceedings against the petitioner when the underlying loan matter (non-provision of waiver-scheme benefit) is already engaging the attention of the District Consumer Forum, Ballia.

¶13

Court's answer

This Court, at this stage, does not interfere in the recovery proceedings because the matter (subject matter of the loan) is engaging the attention of the District Consumer Forum.

¶14

Ratio / Principle

It is for the petitioner to apply before the District Consumer Forum for stay of proceedings if recovery proceedings are initiated during the intervening period.

¶13

Key takeaways

The writ petition is disposed of with liberty to the petitioner to prefer an appropriate application before the District Consumer Forum; if such an application is filed, it would be considered and decided at the earliest.ratio¶15

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon’ble Vikram D. Chauhan, J.; order dated 20.1.2025) disposed of Writ Petition (WRIT - C) No. 1515 of 2025 by Anil Kumar Tiwari, who sought certiorari quashing a recovery certificate dated 10.07.2021 (No. 202112405288000055) by which the respondent bank demanded a deposit of Rs. 2,45,940/-. Counsel submitted that waiver-scheme benefit had been denied and the petitioner’s complaint was already pending before the District Consumer Forum, Ballia, yet recovery proceedings had been issued in the intervening period. The Court held that, the loan matter already engaging the Consumer Forum’s attention, it would not at that stage interfere in the recovery proceedings; it is for the petitioner to apply to the District Consumer Forum itself for stay of proceedings. The writ petition was accordingly disposed of with liberty to file such an application, which the Forum would consider and decide at the earliest.

¶1

Neutral Citation No. - 2025:AHC:8905

¶2

Court No. - 33

¶3

Case :- WRIT - C No. - 1515 of 2025

¶4

Petitioner :- Anil Kumar Tiwari

¶5

Respondent :- State Of U.P. And 2 Others

¶6

Counsel for Petitioner :- Raj Kumar Singh,Sunil Kumar Singh

¶7

Counsel for Respondent :- C.S.C.,Vivek Kumar Rai

¶8

Hon'ble Vikram D. Chauhan,J.

¶9

Heard learned counsel for the petitioner, Sri Ravi Prakash, learned counsel holding brief of Sri Vivek Kumar Rai, learned counsel for respondent no. 3 and learned Standing Counsel for the respondent - State.

¶10

The present writ petition has been filed with the following prayer :-

¶11

" (i) Issue a writ, order or direction in the nature of certiorari quash the recovery certificate dated 10.07.2021 by which the respondent bank send recovery certificate no. 202112405288000055 and compel for deposit Rs. 2,45,940/- from the petitioner. "

¶12

Learned counsel for the petitioner submits that benefit of waiver scheme was not provided to the petitioner as such the petitioner has moved before the District Consumer Forum, Ballia for relief and the same is pending consideration. However, in the intervening period, the recovery proceedings have been issued.

¶13

It is to be seen that already the subject matter of loan is engaging attention of the District Consumer Forum and it is for the petitioner to apply before the District Consumer Forum for stay of proceedings, if during the intervening period recovery proceedings are initiated. This Court at this stage does not interfere in the recovery proceedings as the matter is engaging attention of the District Consumer Forum.

¶14

The writ petition is disposed of with liberty to the petitioner to

¶15

prefer an appropriate application before the District Consumer Forum. In case any such application is filed, the same would be considered and decided at the earliest.

¶16

Order Date :- 20.1.2025 VMA

¶17

Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad

Anil Kumar Tiwari v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Anil Kumar Tiwari v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Krashan Pal Alias Krishan Pal vs State of U.P. and 3 Others

Niyaz Been vs State of U.P. and 5 Others

Smt. Rinki Soni vs State of U.P. and Another

Ramjanam Banvasi vs State of U.P.

Yogendra Yadav vs State of Uttar Pradesh and 3 Others

Smt. Ganga Devi vs State of U.P. and 2 Others