Court No. - 21 Case :- WRIT - C No. - 43482 of 2010 Petitioner :- Madan Pal Respondent :- State Of U.P. And Others Petitioner Counsel :- P.S. Pundir Respondent Counsel :- C.S.C.,S.K. Giri Hon'ble V.K. Shukla,J.
Heard learned counsel for the petitioner and Sri S.K. Giri, Advocate, learned
counsel for the respondents.
Before this court, petitioner is assailing the validity of the recovery
proceeding.
It has been sought to be contended on behalf of the petitioner that at no point
of time he had taken any loan from the respondent-Bank and in this
background and in this situation recovery is not at all permissible.
From the side of the Bank, it has been contended that petitioner has taken
valid loan and in this regard he has executed various documents and
repayment was not made as per schedule, as such recovery has been pressed.
Such disputed question of fact, as to whether petitioner has taken loan or not,
cannot be adjudicated in the writ petition, remedy in such cases is to file suit.
Consequently, present writ petition is dismissed on the ground of alternative
remedy of filing suit.
Order Date :- 27.7.2010
T.S.