Court No. - 2 Case :- WRIT - C No. - 14731 of 2004 Petitioner :- M/S Prem Food Products Thru' Man Mohan Rai Respondent :- U.P. Financial Corpn. Thru' Managing Director & Others Petitioner Counsel :- Somesh Khare,Bhagwati Prasad Respondent Counsel :- C.S.C.,H.R. Misra,S. Chaturvedi Hon'ble Vineet Saran,J.
Hon’ble Abhinava Upadhya,J.
We have heard learned counsel for the petitioner as well as
Sri Sandeep Chaturvedi, Advocate holding brief of Sri Satish
Chaturvedi, learned counsel for the contesting respondents
and have perused the record.
By means of this writ petition the petitioner is challenging the
recovery notice dated 25.3.2004 and has also prayed for a
direction to the Financial Corporation-respondent no.2 not to
sell the house of the petitioner and to release the same in
his favour forthwith.
A preliminary objection has been raised by Sri Sandeep
Chaturvedi, learned counsel appearing for the Corporation
about the maintainability of this writ petition in view of Suit
No.449 of 1998 pending before the Civil Judge (Senior
Division), Saharanpur between the parties for the same
cause of action. A copy of the plaint of the aforesaid suit has
been filed as Annexure-RA-1 to the rejoinder affidavit.
Although the suit was filed prior to the filing of the writ
petition but in the writ petition there is no disclosure of the
aforesaid suit.
In view of the aforesaid facts and circumstances, since the
petitioner is already agitating his grievance in the aforesaid
suit which is pending before the Civil Judge (Senior
Division), Saharanpur, we are not inclined to entertain this
writ petition. It is, accordingly, dismissed. Interim order, if
any, stands vacated.
Order Date :- 9.8.2010
SKM