Court No. - 27 Case :- MISC. BENCH No. - 9192 of 1988 Petitioner :- Umesh Saran Sirshal Respondent :- M.D. The U.P. Small Industries Corp. Ltd. Industrial Estate Petitioner Counsel :- A P S Gaur Respondent Counsel :- S M K Chaudhary Hon'ble Devi Prasad Singh,J.
Hon’ble S.C. Chaurasia,J.
None appeared on behalf of petitioner.
Heard learned Standing Counsel for respondent.
The grievance of the petitioner is that father of the petitioner, late Sri Prahlad
Saran Singhal has taken loan from respondent no.1. On account of default of
payment of dues, impugned citation of recovery has been issued. While
approaching this Court under Article 226 of the Constitution of India, it has
been stated by the petitioner that he is not reponsible for payment of dues, as
he has not inherited any property from late Sri Prahlad Saran Singhal. Feeling
aggrieved, petitioner has submitted representation before the Managing
Director, opposite party no.1. Once a person approaches the authority with
his/her grievance that he/she is not liable to pay dues, In such situation, it
shall always be appropriate that objections filed by that person should be
adjudicated in accordance to law.
Accordingly, without entering into the merit of the controversy, the opposite
party no.1 is directed to look into the matter and decide the present
controversy in accordance to law by passing a speaking and reasoned order
expeditiously and preferably within a period of three months and
communicate the decision to the petitioner. Liberty is given to petitioner to
represent his cause.
For the period of three months or till the disposal of petitioner’s objections,
whichever is earlier, the recovery proceedings shall be kept in abeyance so far
as the petitioner is concerned.
Subject to above, the writ petition is disposed of finally.
Order Date :- 11.1.2010
psd