Court No. - 27 Case :- MISC. BENCH No. - 6980 of 2010 Petitioner :- M/S Mishra Fabricators,Thru. Its Prop. Awadhesh Kumar Mishra Respondent :- Bank Of India, Thru. Its Manager, & Another Petitioner Counsel :- O.P. Tiwari,Sachin Shukla Hon'ble Devi Prasad Singh,J.
Hon’ble Dr. Satish Chandra,J.
Power has been filed on behalf of opposite-parties no.1 and 2 by Sri
Prashant Kumar Srivastava, Advocate, which is taken on record.
The petitioner being aggrieved against the recovery proceedings
initiated by the opposite-parties has preferred this writ petition under
Article 226 of the Constitution of India. Learned counsel for the
petitioner submits that the amount which the respondents want to
recover, has to be corrected. The controversy involved in the petition is
a disputed question of fact.
Accordingly, the writ petition is finally disposed of directing the
respondent to provide statement of accounts within two weeks
thereafter permitting the petitioner to pay a sum of Rs. 5,00000/- within
one month from today and the remaining amount in four equal quarterly
instalments, the first of which shall fall due in the month of September,
2010. In the event of default, it shall be open for the respondents to
proceed with the recovery proceedings in accordance with law.
Subject to above, the writ petition is finally disposed of. No order as to
costs.
Order Date :- 29.7.2010
VB/-