Disposed

M/S Anjani Rice Mill v. the Nainital Bank Limited

Uttarakhand HC2 Mar 2022WPMS/48/2022

Case brief

AI extract

What is this about?

In this writ petition, the High Court of Uttarakhand disposed of a petition seeking directions to unlock an approach road blocked by the respondents bank for adjoining defaulting units. The Court directed the petitioners to approach the General Manager via representation for a proper resolution.

What did the court decide?

Liberty to petitioner to approach the General Manager, Nainital Bank Limited, by making a representation for appropriate order within four weeks.

M/S Anjani Rice Mill Vs the Nainital Bank Limited — Writ and Judicial Review | Uttarakhand HC (2022)

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IN THE HIGH COURT OF UTTARAKHAND

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AT NAINITAL

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ON THE 2^ND DAY OF MARCH, 2022 BEFORE:

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HON’BLE SHRI JUSTICE MANOJ KUMAR TIWARI

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Writ Petition (M/S) No. 48 of 2022

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BETWEEN:

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M/s Anjani Rice Mill & another. ...Petitioners

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(By Mr. Tapan Singh, Advocate, holding brief of Mr. Sanjay Kumar, Advocate for the petitioners)

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AND:

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The Nainital Bank Limited & another...Respondents

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(By Mr. Anil Kumar Joshi, Advocate for the respondents)

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JUDGMENT

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Heard learned counsel for the parties.

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2. By means of this writ petition, petitioners have sought the following reliefs:-

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“i) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondents not to restrain the petitioner no. 1 to approach and plant & machinery of petitioner no. 1 firm.

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ii) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondents to unlock the approaching way to the plant & machinery of petitioner no 1 and not to obstruct the way of the petitioners.

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iii) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondents not to sell the plant & machinery of the petitioner no. 1 in the garb of auction sale of Kuber Industries and Laxmi Seeds in pursuance to auction notice dated 23-092021.”

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3. A loan in the shape of Cash Credit Limit was taken by petitioner no. 1 from Nainital Bank Limited. Petitioner no. 2 is the proprietor of petitioner no. 1 firm. Learned counsel for the petitioners submits that the entire amount taken as loan from Cash Credit Limit Account has been repaid and now nothing remains to

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be paid to the respondent-bank. He further submits that there are two industrial units adjoining the rice mill of the petitioners and those units are owned by other persons. Since respondent-bank has certain dues against those industrial units, therefore, the approach road leading to petitioners’ rice mill has been closed by authorities of Nainital Bank Limited.

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4. Mr. Anil Kumar Joshi, learned counsel appearing for Nainital Bank Limited submits that petitioner no. 2 is a partner in one of the unit, namely, M/s Laxmi Seeds, which has committed default in repayment of its outstanding dues to the Bank. He further submits that M/s Kuber Industries has also committed default in repayment of the loan and further that Mr. Joginder Lal, elder brother of petitioners was a partner in the firm running the said unit, who has unfortunately passed away recently.

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5. Since petitioner has a grievance that his approach road has been blocked by the bank authorities for no fault of his, therefore, in the peculiar facts and circumstances of the case, this Court thinks that ends of justice would be met, if petitioner is permitted to approach the Competent Authority in the bank, by making a representation.

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6. Accordingly, the writ petition is disposed of with liberty to petitioner to approach General Manager, Nainital Bank Limited, by making a representation. If petitioner makes such representation within one week from today, the General Manager shall look into the matter and pass appropriate order, as per law, within four weeks thereafter.

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(MANOJ KUMAR TIWARI, J.)

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M/S Anjani Rice Mill v. the Nainital Bank Limited

Case brief

What is this about?

What did the court decide?

M/S Anjani Rice Mill v. the Nainital Bank Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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