Allahabad High Court High Court

Ram Lalit Chaudhary & Another vs State Of U.P. & Others on 23 June, 2010

Allahabad High Court
Ram Lalit Chaudhary & Another vs State Of U.P. & Others on 23 June, 2010
Court No. - 38

Case :- WRIT - C No. - 34258 of 2010

Petitioner :- Ram Lalit Chaudhary & Another
Respondent :- State Of U.P. & Others
Petitioner Counsel :- K.K. Mishra
Respondent Counsel :- C.S.C.,Sharad Ch. Srivastava

Hon'ble Pankaj Mithal,J.

It is alleged that the petitioners took a loan of Rs. 4 lacs from the
State Bank of India for the purchase of tractor on 27.3.08. The loan
amount was directly paid by the bank to the respondent no. 5, the
owner of the agency of the Eicher tractor. Despite having received
the amount, the respondent no. 5 and 6 have not till date supplied
any tractor to the petitioners and at the same time the petitioners
have been confronted with the recovery of the loan amount.
Learned Standing Counsel has accepted notices on behalf of
respondent nos.1,3 and 4.

Sri Sharad Srivastava, Advocate has put in appearance on behalf of
respondent no. 2. He prays for and is granted three weeks’ time to
file counter affidavit. One week thereafter is allowed to the
petitioners for filing rejoinder.

Issue notice to respondent no. 5 and 6 fixing date immediately
after one month.

List this case after expiry of the aforesaid period.
Till the next date of listing, no recovery shall be made from the
petitioners pursuant to the impugned recovery certificate dated
24.7.09.

Order Date :- 23.6.2010
SR