Court No. - 36 Case :- WRIT - C No. - 41465 of 2010 Petitioner :- Lok Kalyan Sansthan Respondent :- Director Divisional Office Khadi Evam Vill Ind. And Ors. Petitioner Counsel :- A.D. Prabhakar,A.K. Tripathi Respondent Counsel :- Rajiv Sharma Hon'ble Sheo Kumar Singh,J.
Hon’ble Rajesh Chandra,J.
Heard learned counsel for the petitioner and the learned counsel
appearing on behalf of respondent Khadi Evam Village Industries
Commission.
The contention of the learned counsel for the petitioner is that a loan
was taken by the petitioner from the respondent no. 1 and he committed
default in making the payment of the loan amount. Thereafter, recovery
was issued against the petitioner, which was challenged by the
petitioner by means of filing Civil Misc.Writ Petition No. 47500 of 2007
and in that petition, it was directed vide order dated 27.9.2007 that the
matter may be sent to the Tribunal . The matter then was sent to the
Tribunal and was decided on 31.8.2009.
Learned counsel for the petitioner is ready to deposit the amount as
hasbeen calculated by the Tribunal i.e. Rs. 2,00,742/- (which is not, at
present, admitted by the respondents).Learned counsel for the petitioner
further pointed out that the representation dated 15.4.2010 is also
pending before the respondent no.1,which this court may order to be
decided by the respondents.
After considering the facts and circumstances of the case, we disposed
of the writ petition finally, at the admission stage itself, with the following
directions:-
(i) Petitioner shall deposit an amount of Rs. 2,00,472/- with the respondent no. 1
within three weeks from today.
(ii) Respondent no. 1 is directed to decide the representation of the petitioner within 4
weeks from today.
(iii) After disposal of the representation of the petitioner,if it is found that there is no
further amount to be deposited by the petitioner, then the documents relating to the
mortgage shall be returned to the petitioner.
Order Date :- 22.7.2010
n.u.