Mukul Kumar Ghosh vs Anupam Sahkari Avas Sangh Vijay ...
2022 Latest Caselaw 8221 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

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Court No. - 17
 

 
Case :- WRIT - C No. - 12978 of 2016
 

 
Petitioner :- Mukul Kumar Ghosh
 
Respondent :- Anupam Sahkari Avas Sangh Vijay Chowk Distt. Gorakhpur And Ors
 
Counsel for Petitioner :- Sanjay Kumar Srivastava
 
Counsel for Respondent :- Gaurav Mehrotra
 

 
Hon'ble Pankaj Bhatia,J.

Vakalatnama filed by Sri Akber Ahmad, Advocate on behalf of the respondent no.3 is taken on record.

Heard learned counsel for the petitioner and the counsel for the respondents.

The present petition has been filed with the following prayer :

"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned judgment and order dated 08.03.2016 passed by the learned Cooperative Tribunal, U.P., Lucknow in Appeal No. 123/2013 Mukul Kumar Ghosh Vs Anupam Sahkari Avas Sangh contained as Annexure No. 1 to the writ petition.

(ii) Issue a writ, order or direction in the nature of certiorari quashing the impugned award dated 16.04.2012 passed bythe learned Arbitrator in case No. 29-E/2003 Mukul Kumar Ghosh Vs Anupam Sahkari Avas Sangh and others contained as Annexure No. 2 to the writ petition.

(iii) Issue a writ, order or direction in the nature of certiorari quashing the impugned notice of recovery dated 17.02.2003 passed by the Opposite party No. 3 contained as Annexure No. 4 to the writ petition.

(iv) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to initiate recovery proceedings against the petitioner in pursuance of the impugned judgment and order and award passed bythe learned Cooperative Tribunal and the Arbitrator and notice dated 17.02.2003 passed by the opposite party No. 3."

The counsel appearing on behalf of the respondents no.2 and 3 states that no amount is due and payable by the petitioner in terms of the award and the order of the Tribunal which are impugned in the present writ petition. He also states that the mortgaged deed of the petitioner has been returned, which according to the counsel for the respondents have been received by the petitioner on 31.08.2020.

In view of the said statement, the petition is disposed off recording that the award passed by the arbitrator dated 16.04.2012 stands satisfied. No more amount is liable to be paid by the petitioner in view of the award as affirmed by the Tribunal on 08.03.2016. Thus, the recovery certificate dated 17.02.2003 (Annexure 4) is quashed.

The writ petition is disposed off in terms of the said order.

Order Date :- 27.7.2022

VNP/-