Court No. - 36 Case :- WRIT - C No. - 40912 of 2010 Petitioner :- M/S Laxmi Auto Service Respondent :- State Of U.P. And Others Petitioner Counsel :- Ramesh Chandra Mishra Respondent Counsel :- C.S.C.,Smt. Chaya Gupta Hon'ble Sheo Kumar Singh,J.
Hon’ble Rajesh Chandra,J.
There is no dispute about the fact that in respect to the
recovery proceeding, the petitioner had come earlier before
this Court twice by filing writ petition no. 11894 of 2010 and
thereafter by filing modification application which was
disposed of on an undertaking given by the petitioner that he
will deposit the entire amount in a particular manner. The
petitioner deposited certain amount but there was default in
making entire payment. Consequently the respondent bank
again issued recovery proceeding demanding deficient
amount.
On the facts aforesaid, we find that this is a second writ
petition as for the same cause of action the aforesaid writ
petition has been disposed of by this Court and as such the
present writ petition is not maintainable. If the petitioner has
any grievance in respect to the payment of amount he may
move appropriate application in the earlier writ petition
mentioned above.
Accordingly, this petition fails and is dismissed.
Order Date :- 16.7.2010
M.A.A.