Allahabad High Court High Court

Bani Singh vs State Of U.P. & Ors. on 28 July, 2010

Allahabad High Court
Bani Singh vs State Of U.P. & Ors. on 28 July, 2010
Court No. - 36
Case :- WRIT - C No. - 43247 of 2010
Petitioner :- Bani Singh
Respondent :- State Of U.P. & Ors.
Petitioner Counsel :- R.B. Singh
Respondent Counsel :- C.S.C.,Sanjeev Singh

Hon'ble Sheo Kumar Singh,J.

Hon’ble Rajesh Chandra,J.

Heard learned counsel for the petitioner and Sri Sanjeev Singh, learned
counsel for the Bank and learned Standing Counsel for the State.

Prayer has been made in this writ petition that the respondent no. 3 may
be directed to discharge the loan liabilities of the petitioner
accruing/resulting from the loan granted to the petitioner.

Learned counsel for the petitioner has contended that he had obtained a
loan from Syndicate Bank, Mathura for the purpose of the business of
bee farming. However, the business was destroyed due to fire and a
claim was put before the Insurance Company but the company has not
taken any steps towards the payment of the loan.

Since the petitioner has not made any payment, the petitioner is
directed to repay the loan taken from the Syndicate Bank.

We consider over the matter, the payment of amount cannot be clubbed
by the payment of the insurance company. It is the liability of the
petitioner to pay the loan which he had taken. The directions as has
been prayed cannot be issued in this writ petition.

The writ petition is misconceived and, therefore, it is dismissed.

Order Date :- 28.7.2010
Prabhat