M/S Saifi Cold Storage and Another v. State of U.P. and 2 Others

Court No. - 6 Case :- WRIT - C No. - 33309 of 2023 Petitioner :- M/S Saifi Cold Storage And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Meraj Ahmad Khan,Akhilesh Misra Counsel for Respondent :- C.S.C.,Krishna Mohan Asthana Hon'ble Mrs. Manju Rani Chauhan,J. Heard Sri Akhilesh Misra, learned counsel for the petitioner, learned Standing Counsel for the State-respondent and Sri K.M. Asthana, learned counsel for respondent-bank. This writ petition has been filed with a prayer to quash the order dated 14.09.2022 passed by Prescribed Authority Dehradun under section 19(1) of the Recovery of Debt and Bankruptcy Act, 1993 against the petitioner for recovery of Rs. 2,37,45,248.27 along with pendentelite and future interest @ 9.55% per annum of simple rate of interest as well as consequential order dated

20.07.2023 by which the warrant of attachment of immovable property and further prayed to direct the respondent Bank to take OTS Schme offer accepted by the Bank to its logically. Learned counsel for the petitioner submits that he is ready and willing to deposit the entire loan amount as due, therefore, a direction may be issued to respondent authorities not to proceed against the petitioner. Learned counsel for the respondent-Bank submits that till date no auction proceedings for recovery have been initiated, therefore, the petitioner may move an application before the respondent-Bank as well as respondent no. 2 For redressal of his grievance and the respondent-Bank may consider the request of the petitioner in accordance with law. No useful purpose would be served by keeping this petition pending in view of the order, which the Court proposes to pass hereunder. With the consent of parties, without entering into merits of the case, this writ petition is finally disposed of with a direction to the petitioner to make a fresh application before respondent-bank within two weeks from today along with a certified copy of this order and, if any such representation/application is made, the same shall be decided, in accordance with law, preferably within a period of one month from the date of production of a certified copy of this order, if there is no other legal impediment. Needless to say that in case the petitioner does not move such application, it is open to the authority concerned to proceed in accordance with law. Order Date :- 18.10.2023 Arti High Court of Judicature at Allahabad