BALWANT SINGH Vs. STATE OF U P

JUDGEMENT

(1.) PURSUANT to the order dated 8.4.2009, the case is listed today. Sri Yogesh Agarwal, learned counsel for the petitioner and Sri Narendra Singh holdling brief for Sri Vivek Singh, learned counsel for the respondent no. 4, are present. Learned Standing Counsel appearing for the respondent nos. 1,2 and 3 is also present. In compliance with the directions given in the said order dated 8.4.2009, Mr. Mukesh Chandra, Assistant Accountant, Uttar Pradesh Rajya Sahkari Gram Vikas Bank limited, Branch Bilaspur, District Rampur is present along with the record, and he is identified by Sri Narendra Singh , Advocate. Mr. Mukesh Chandra has placed the relevant record including the ledger- book in respect of the petitioner for perusal of the Court. He states that the amount of Rs. 84,641.00, as mentioned in the Citation ( Annexure no. 5 to the Writ Petition ), was the amount in respect of the defaulted instalments including interest thereon, and the said amount did not include the future instalments which were required to be paid by the petitioner. He further states that as per the schedule, the last instalment was to be paid by the petitioner on 1.4.2005. Sri Yagesh Agarwal, learned counsel for the petitioner submits that there is no indication in the citation ( Annexure no. 5 to the Writ Petition ) in this regard. He further submits that the order dated 4.7.2003 passed by Hon'ble Janardan Sahai,J. in Civil Misc. Writ Petition No. 27698 of 2003 directed the petitioner to deposit the "entire outstanding dues in four equal instalments" payable on the dates mentioned in the said order dated 4.7.2003. Sri Agarwal further submits that the words " entire outstanding dues " occurring in the said order referred to Rs. 84641.00 mentioned in the citation ( Annexure no. 5 to the Writ Petition ). In my opinion, as the interpretation of the words " entire outstanding dues" occurring in the said order dated 4.7.2003 is involved, it will be appropriate that this Writ Petition be placed before Hon'ble Janardan Sahai, J . Let the papers be placed before Hon'ble the Chief Justice/ Hon'ble Senior Judge for appropriate orders. Personal appearance of Sri Mukesh Chandra, Assistant Accountant, Uttar Pradesh Rajya Sahkari Gram Vikas Bank Limited, Branch Bilaspur, District Rampur, is exempted until further orders of this Court.