GURU NANAK BEVERAGES AND CO Vs. D M

JUDGEMENT

(1.) M/s Guru Nanak Beverages & Company has come up through this writ petition under Article 226 of the Constitution of India through its partner Sardar Balwant Singh challenging recovery proceedings enarnating from outstanding dues in the two bank accounts the petitioner is maintaining in Syndicate Bank, Civil Lines, Allahabad. The prayer in the writ petition is that the recovery certificate dated 14th December, 1995, should be quashed by a writ of certiorari and that a mandamus should issue that no recovery proceedings should be done through coercive methods against any of the partners of the firm inasmuch as the recovery certificate be declared illegal as it is.

(2.) WHEN this writ petition was filed on 3rd April, 1996, a counter affidavit was called from the Syndicate Bank which is represented by Sri P. K. Singhal, Advocate, which has been filed. A rejoinder affidavit has also been filed. It may, however, be mentioned that no counter affidavit has been filed on behalf of the District Magistrate or the lahsildar, Allahabad though Sri K. S. Kushwaha, learned Standing Counsel, has appeared on their behalf. As prayed by the learned Counsel for the parties, the writ petition is finally disposed of at the admission stage.

(3.) HOWEVER, Annexure '12' to the writ petition appears to be the copy of the letter of the bank dated 13th January, 1996, addressed to the Additional District Magistrate, Allahabad, saying that a total sum of Rs. 12,22,054 plus interest and Rs. 3,78,470 plus interest are due against the petitioner under both the accounts, men tioned above. The total will be Rs. 16,00,524 plus interest.