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Allahabad High Court
Chinta vs State Of U.P. And Others on 29 January, 2010
Court No. - 19

Case :- WRIT - C No. - 34558 of 2009

Petitioner :- Chinta
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Keshav Kumar Dwivedi
Respondent Counsel :- C.S.C.,Manish Mehrotra

Hon'ble Arun Tandon, J.

Petitioner had approached this Court earlier by means of Civil
Misc. Writ Petition No. 36812 of 2007 challenging the
recovery initiated in respect of the outstanding loan amount
standing against petitioner by the Bank. The writ petition was
decided vide order dated 09.08.2007 and the facility of
payment of the amount in four installments was granted by
the Court. The petitioner has admittedly not made the
payment even in installment so permitted. He has filed this
second writ petition for quashing the auction notice dated
18.05.2009 with a further prayer that he may be granted
benefit of the Debt Recovery Scheme floated by the State
Government.

Counsel for the Bank submits that petitioner’s case was
considered under the Debt Relief Scheme and it is thereafter
that fresh recovery proceedings have been initiated.
In view of the aforesaid, this Court finds no good ground to
interfere with the Auction Notice dated 18.05.2009.
Writ petition is dismissed.

Shri Manish Malhotra, Advocate is present on behalf of the
respondent Bank.

Dated : 29.01.2010
VR/WP-34558/09


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