SAJJAD HUSAIN Vs. STATE OF U P

JUDGEMENT

(1.) SHRI Jai Singh, counsel for the respondent Bank prays for and is granted three weeks' time to file a counter affidavit. Rejoinder affidavit may be filed within one week thereafter. List on 07.07.2009. On behalf of the petitioner it is contended that he had taken loan from the respondent Bank. In respect of the same a recovery certificate dated 19.06.2006 was issued calling upon the petitioner to deposit a sum of Rs. 1,10,000/- by 26.06.2006. Petitioner filed a writ petition challenging the aforesaid recovery being Civil Misc. Writ Petition No. 35426 of 2006. The writ petition was disposed of vide order dated 11.0.2006 permitting the petitioner to deposit the amount demanded in two installments, first by 15.08.2006 and second by 15.11.2006. With reference to the documents enclosed as Annexure-4 to the writ petition which are the photo stat copy of the receipts of deposit with the Bank, petitioner contends that in fact he deposited Rs. 57,000/- on 14.08.2006 and another amount of Rs. 57,000/- on 15.11.2006, therefore, as against Rs. 1,10,000/- he deposited a sum of Rs. 1,14,000/-. This according to the writ petitioner would meet the interest for the period 26.06.2006 to 15.11.2006 also and therefore, nothing remains to be paid any further. After more than three years the respondent Bank has issued a recovery certificate informing the petitioner that a further sum of Rs. 65,000/- is still payable. Counsel for the petitioner submits that there is an apparent error in demand by the bank and therefore, the recovery is bad. The matter requires enquiry by this Court. Till the next date of listing no further action shall be taken in terms of the impugned recovery notice.