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2016 DIGILAW 941 (ALL)

Comfort Sales Corporation v. State of U. P.

2016-03-15

HULUVADI G.RAMESH, SHAMSHER BAHADUR SINGH

body2016
JUDGMENT The case is called out in the revised list. 2. Heard learned counsel for the petitioner and Sri Ravi Prakash Pandey, learned counsel appearing for the respondent-Bank as well as learned Standing Counsel appearing for the State-respondents and perused the record. 3. By means of the present petition, the petitioner has sought for issuance of a direction in the nature of certiorari for quashing the impugned recovery certificate dated 8.1.2016 issued by the respondent no.3- Tehsildar Sadar, Meerut. 4. On 12.2.2016, on the statement of the petitioner that he is ready to deposit the amount of interest by 31st March, 2016, an interim protection was granted to the petitioner that no coercive action shall be taken for recovery to deposit the amount from the petitioner till 1st March, 2016. 5. On the earlier occasion dated 10.3.2016, on the statement made by the petitioner that he had deposited Rs.6,70,000/- on 24.2.2016, the respondent- Bank was directed to submit the status of actual deposit made by the petitioner and the petitioner was also directed to produce the original receipt before this Court. 6. Today, learned counsel for the petitioner has produced the original deposit receipt, by which the petitioner has sought to deposit Rs.6,70,000/-. On the other hand, learned counsel for the respondent bank has also filed photo copy of the certificate of deposit made by the petitioner, along with the current status of the account of the petitioner. 7. From perusal of the certificate of deposit and status of account of the petitioner, it is revealed that the petitioner is not ready to pay the amount demanded expect the interest amount. In such circumstances, it is for the petitioner to negotiate with the respondent bank and the respondent bank shall consider the grievance of the petitioner in accordance with law. In case, if the petitioner is not satisfied with decision of the bank, he can approach with the Regulatory Tribunal under the SARFAESI Act. 8. With the above observation, the writ petition is disposed of.