Rashid Ahmad vs State Of U.P. & Others
2011 Latest Caselaw 577 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- WRIT - C No. - 18144 of 2011
 

 
Petitioner :- Rashid Ahmad
 
Respondent :- State Of U.P. & Others
 
Petitioner Counsel :- Rajeev Sharma
 
Respondent Counsel :- C. S. C.,Rajiv Sharma,Siddharth
 

 
Hon'ble Sunil Ambwani,J.

Hon'ble Kashi Nath Pandey,J.

The petitioner is guarantor of the loan sanctioned to his son by  respondent No.3 -  Canara Bank, Baraut, Baghpat under the Mukhyamantri Gramodyog Rojgar Yojna, on 9.8.2005, for Rs. 1,42,475/-.  The petitioner's son deposited some instalment upto 15.3.2007. Thereafter he failed to repay the loan.

A  notice dated 8.2.2010 was issued to the petitioner's son alleging that a sum of Rs.1,93,523/- is due from him on 30.9.2008, and that interest is also accruing.

It is stated by the learned counsel for the petitioner that  the petitioner, as  guarantor of the loan, has been detained in civil person.

Learned standing counsel appears for respondent Nos. 1 and 2. Sri K.M. Asthana appears for respondent No.3 - Canara Bank. Sri Rajiv Sharma appears for Zila Gramodyog Adhikari, U.P. Khadi Evam Gramodyog Board, Baghpat. 

Respondents are allowed time upto Monday to seek instructions as to whether recovery citation was issued  to the petitioner, and an opportunity was given to him to pay the amount, as guarantor of the loan taken by his son.

In the meantime, if the petitioner pays half of the amount as reflected in the recovery certificate (which has not been filed by the petitioner), he will be released from the civil person.

Put up on 4.4.2011 in the additional cause list. 

Order Date :- 29.3.2011

nethra