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Allahabad High Court · body

2016 DIGILAW 2914 (ALL)

Reeta v. State of U. P.

2016-08-23

DILIP B.BHOSALE, YASHWANT VARMA

body2016
JUDGMENT Heard Mr. Sanjay Kumar Dubey, learned counsel for the petitioner and Mr. Satish Kishore Kakkar, learned counsel for the respondent-Bank. The petitioner seeks to challenge the letter dated 27th June, 2016, issued by the respondent-Bank asking the petitioner to pay interest on the amount of loan that was sanctioned and disbursed in favour of the petitioner in 2010. It is not in dispute that the entire amount of loan (principal amount) has been paid by the petitioner. Petitioner contends that the loan was granted under a Scheme under which the District Gramodyog Officer, Mirzapur was suppose to pay the interest amount to the respondent-Bank and such a communication was sent by them to the Bank on 5th October, 2010 (Annexure 1). In short, the petitioner contends that so far as interest on the loan taken by her is concerned, it is the District Gramodyog Officer, who is supposed to pay the interest to the respondent-Bank. This position has not been disputed by the learned counsel for the respondent-Bank. In view thereof, he submits that the respondent-Bank may be given liberty to approach the District Gramodyog Officer, Mirzapur to recover the interest and upon the entire amount of interest being repaid and on receipt of the interest amount, the respondent-Bank shall issue a no dues certificate to the petitioner. Learned counsel for the petitioner has no objection for the same. In the circumstances, we dispose of this writ petition by the following order: It is open to the respondent-Bank to approach the District Gramodyog Officer, Mirzapur for recovering the interest on the loan that was sanctioned and disbursed in favour of the petitioner in 2010 and on receipt of the same, the Bank shall issue no dues certificate in favour of the petitioner. Petitioner is directed to cooperate with the Bank for recovery of the interest amount from the District Gramodyog Officer. The respondent-Bank, in the meanwhile, shall credit the fixed deposit amount in the savings account of the petitioner and her husband, if any, or issue demand draft of the same in their favour within a period of four weeks from today. With these observations, petition is disposed of.