M/S Shiv Agro Products Thru. Its Proprietor Smt. Archana Singh and Others v. State of U.P. Thru. Prin. Secy. Revenue Deptt. U.P. Govt. Civil Secrt. Lko. and Others

Court No. - 1 Case :- WRIT - C No. - 10373 of 2023 Petitioner :- M/S Shiv Agro Products Thru. Its Proprietor Smt. Archana Singh And Others Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. U.P. Govt. Civil Secrt. Lko. And Others Counsel for Petitioner :- Madhu Kumar Dixit Counsel for Respondent :- C.S.C.,Vinay Shankar Hon'ble Attau Rahman Masoodi,J. Hon'ble Om Prakash Shukla,J.

¶1Heard learned counsel for the petitioners and Ms. Megha Pandey holding brief of Sri Vinay Shankar learned counsel for the respondent Bank.

¶2Learned counsel for the respondent Bank has fairly conceded that the recovery proceedings under challenge could not be proceeded with particularly when the proceedings for execution of the decree in respect of the commercial loan are pending before the Debts Recovery Tribunal in Execution Case No. 1425 of 2018.

¶3It is further submitted that the recovery certificate as assailed in the writ petition is not in the knowledge of the Bank and has rather come to be issued without any valid requisition or certificate issued by the Bank.

¶4In these circumstances, setting aside of the impugned recovery notice remains undisputed by the Bank subject to the outcome of the execution proceedings pending before the DRT.

¶5We accordingly set aside the impugned recovery notice and leave it open to the bank to pursue the execution proceeding as per the procedure prescribed under law.

¶6The writ petition is accordingly allowed. Order Date :- 29.11.2023 kanhaiya High Court of Judicature at Allahabad, Lucknow Bench