Court No. 21
Civil Misc. Writ Petition No. 35374 of 2010
Mahadev
Versus
State of U.P. and others
Hon'ble V.K.Shukla,J.
Heard counsel for the petitioner and Sri J. Banerji for the Bank.
Petitioner has approached this Court contenting therein that recovery
proceedings being undertaken pursuant to recovery certificate dated
26.02.2010 be quashed.
Petitioner’s contention is that at no point of time he has taken any
loan and on account of collusive fraudulent act Bank has issued cheque of
Rs. 3,45,258.57 paisa in the name of agency showing loan in the name of
petitioner and said amount has been cashed by owner of the agency and
tractor has been shown to be issued in the name of the petitioner with
registration certificate showing different engine number and chechis
number, whereas no such transaction has taken place.
Such disputed question of fact cannot be adjudicated by this Court as
to whether petitioner has applied and taken loan for purchase of tractor or
not and as to whether large scale manipulation has been made on account
of collusive fraudulent act. All these question are subject matter of factual
inquiry and can be decided only on the basis of evidence as such it would be
much more appropriate, in case petitioner files suit for getting his right
declared in this regard but in writ jurisdiction such disputed question of fact
cannot be gone into, as such present writ petition as it has been framed and
drawn is dismissed.
Dated 05th July, 2010
Dhruv