Dr. (Smt.) Ila Prasanna ... vs The State Of Madhya Pradesh
2022 Latest Caselaw 15930 MP

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                          IN    THE    HIGH     COURT OF MADHYA                PRADESH
                                                 AT JABALPUR
                                                   BEFORE
                                   HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                          ON THE 1 st OF DECEMBER, 2022
                                         WRIT PETITION No. 27302 of 2022

                          BETWEEN:-
                          DR. (SMT.) ILA PRASANNA SALSHINGIKAR W/O DR.
                          PRASANNA SALSHINGIKAR, AGED ABOUT 58 YEARS,
                          OCCUPATION:    READER   RAS   SHASTRA EVAM
                          BHAISHAJYA KALPANA GOVERNMENT AUTONOMOUS
                          AYURVEDIC COLLEGE AND HOSPITAL GWARIGHAT
                          JABALPUR B-7 KATARIA HOMES POLIPATHAR
                          GWARIGHAT ROAD JABALPUR (MADHYA PRADESH)

                                                                             .....PETITIONER
                          (BY SHRI DHARMENDRA SONI, ADVOCATE )

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                PRINCIPAL SECRETARY MINISTRY OF AAYUSH
                                VALLABH BHAWAN BHOPAL (M.P.) (MADHYA
                                PRADESH)

                          2.    DIRECTORATE    OF   AYUSH THROUGH ITS
                                COM M ISSIONER GROUND FLOOR D BLOCK
                                SATPURA BHAWAN BHOPAL (MADHYA PRADESH)

                          3.    COMMISSIONER      CHAIRMAN   OF  GOVT.
                                AUTONOMOUS AYURVEDIC COLLEGE AND
                                HOSPITAL JABALPUR O/O COMMISSIONER
                                JABALPUR DIVISION CIVIL LINES JABALPUR
                                482001 (MADHYA PRADESH)

                          4.    GOVERNMENT    AUTONOMOUS    ATURVEDIC
                                COLLEGE AND HOSPITAL THROUGH ITS
                                PRINCIPAL / CHIEF EXECUTIVE OFFICER
                                GEETADHAM ROAD GWARIGHAT JABALPUR
                                GWARIGHAT   JABALPUR 482008   (MADHYA
                                PRADESH)

                                                                           .....RESPONDENTS
                          (BY SHRI RITWIK PARASAR, GOVERNMENT ADVOCATE )
Signature Not Verified
Signed by: SHUBHAM
THAKKER
Signing time: 12/2/2022
1:39:18 PM
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                                   This petition coming on for admission this day, th e court passed the
                          following:
                                                                  ORDER

Petitioner has filed this writ petition under Article 226 of Constitution of India.

Counsel appearing for petitioner submitted that he is not challenging the recovery of principal amount but only challenging recovery of interest, which has been imposed on principal amount. It is submitted that fault is on part of respondents, therefore, interest may not been recovered. It is submitted that matter is covered by judgment rendered in the case of Rajendra Bhawsar in

W.P.No.826/2017 vide order dated 13.09.2017.

Govt. Advocate does not deny aforesaid facts. Considering the facts and circumstances of case, writ petition filed by petitioner is disposed off directing respondents to only recover principal amount from petitioner and if any interest part of the same is recovered from him, the same be refunded to him along with interest at the rate of 6% per annum within a period of 60 days.

With aforesaid, this writ petition is disposed off. Certified copy as per rules.

(MANINDER S. BHATTI) JUDGE Shub

Signature Not Verified Signed by: SHUBHAM THAKKER Signing time: 12/2/2022 1:39:18 PM