Digvijay Singh v. State of U.P. Thru. Distt. Magistrate, Distt. Ayodhya and Another

Court No. - 17 Case :- WRIT - C No. - 8459 of 2023 Petitioner :- Digvijay Singh Respondent :- State Of U.P. Thru. Distt. Magistrate, Distt. Ayodhya And Another Counsel for Petitioner :- Kripa Shankar Shukla Counsel for Respondent :- C.S.C.,Gaurav Mehrotra,Santosh Kumar Tripathi Hon'ble Alok Mathur,J.

¶1Heard Sri Kripa Shankar Shukla, learned counsel for the petitioner as well as Sri Anand Khanna, Advocate holding brief of Sri Santosh Kumar Tripathi, learned counsel appearing for respondent no. 2.

¶2Present writ petition has been filed by the petitioner against notice issued by respondent no. 2 for initiating coercive methods against petitioner for securing outstanding amount of loan taken by the father of the petitioner.

¶3It has been submitted by learned counsel for the petitioner that father of the petitioner late Bajrang Singh has taken a loan of Rs.1,60,000/- for agricultural purpose. Unfortunately father of petitioner died on 19.11.2016, without clearing the loan amount and consequently, recovery proceedings have been initiated against the petitioner. The total outstanding amount against petitioner as on 05.10.2023, is Rs.1,64,256/- and after including 5% collection charges the amount comes to Rs.1,72,468/-.

¶4It is next submitted by learned counsel for the petitioner that he has deposited Rs.1,64,256/- on 05.10.2023, which includes the collection charges.

¶5As per respondent no. 2, the outstanding amount against the petitioner as on 05.10.2023 is Rs.1,72,468/-.

¶6Heard learned counsel for the parties and perused the record.

¶7From the perusal of record it is evident that entire outstanding loan amount against the petitioner is Rs.1,64,256/-, which includes the collection charges, and it is noteworthy that respondent-Bank has also issued no-dues certificate to the petitioner on 05.10.2023.

¶8Considering the fact that respondent bank has issued no-dues certificate to the petitioner, it is concluded that entire outstanding loan amount has been paid and hence, no direction is required to be passed in the matter by this Court at this stage.

¶9In the light of the fact that entire outstanding amount is already been paid, the writ petition is consigned to records. Order Date :- 16.10.2023 A. Verma (Alok Mathur, J.) High Court of Judicature at Allahabad, Lucknow Bench