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Allahabad High Court · body

2016 DIGILAW 2303 (ALL)

Unish Khan v. State of U. P.

2016-07-05

TARUN AGARWALA, VIPIN SINHA

body2016
JUDGMENT Sri Y.K. Narayan holding brief of Sri R.V. Pandey, the learned counsel for the respondent-bank is present. 2. Against the recovery of the loan amount, the petitioner filed a writ petition no. 62901 of 2015 which was disposed of by the order dated 8.3.2016. The extract of the order is quoted here under: "As per the request made by the petitioner, if the Bank issues a fresh recovery certificate within one month from today regarding payment of remaining loan amount, the petitioner is ready to pay the same in four equal installments within one year from the date of issuance of recovery certificate. Accordingly, the writ petition is disposed of with a direction to the respondent-Bank to issue a fresh recovery certificate to the petitioner and the petitioner will pay the same in four equal installments within one year from the date of issuance of recovery certificate. The respondent-Bank will accommodate the petitioner to make concession in respect of the collection charges and if the petitioner has come forward on his own for making payment of the remaining loan amount, then the State authority will not insist for making the payment of collection charges." 3. Pursuant to the said order, the respondent-bank issued a fresh recovery certificate, against which the present writ petition has been filed. 4. We are of the opinion that once the petitioner indicated his intention to pay the amount in four equal installments in the earlier round of litigation, it is no longer open to the petitioner to challenge the fresh recovery certificate. The writ petition is dismissed.