SPA/67/2022
2022 Latest Caselaw 1584 UK

           IN THE HIGH COURT OF UTTARAKHAND
                             AT NAINITAL
                     SRI JUSTICE S.K. MISHRA, A.C.J.
                                    AND
                  SRI JUSTICE ALOK KUMAR VERMA, J.

SPECIAL APPEAL NO. 67 OF 2022 23RD MAY, 2022 BETWEEN:

Himanshu Verma                                           .....Appellant.
And

Almora Urban Co-operative Bank Ltd. & others

....Respondents.

Counsel for the Appellant : Mr. Alok Dalakoti, learned counsel.

Counsel for the Respondent No.1 : Ms. Pooja Tiwari, learned counsel.

Counsel for the Respondent Nos.2 to 4 : Mr. S.S. Chaudhary, learned Brief Holder.

Upon hearing the learned Counsel, the Court made the following

JUDGMENT: (per SRI S.K. MISHRA, A.C.J.)

This intra-court appeal, under Chapter VIII Rule 5

of the Allahabad High Court Rules, is preferred against the

judgment passed by the learned Single Judge in Writ Petition

(M/S) No.530 of 2022 dated 28.03.2022.

2. Having heard the learned counsel for the parties,

and after examining the order passed by the learned Single

Judge, we are in agreement that the order passed by the

learned Single Judge that in the third writ petition, the

appellant-writ petitioner has raised a new plea about the

applicability of the Uttar Pradesh Public Moneys (Recovery of

Dues) Act, 1972, as applicable in the State of Uttarakhand,

which was held by the learned Single Judge to be not

maintainable in the third writ petition filed by the appellant-

writ petitioner.

3. Mr. Alok Dalakoti, the learned counsel for the

appellant-writ petitioner, in the course of hearing, would

submit that the appellant-writ petitioner is ready and willing

to deposit the entire money within a period of six months.

4. However, Ms. Pooja Tiwari, the learned counsel for

the Bank-respondent No.1, would submit that earlier also, the

appellant-writ petitioner had made such promise to re-pay

the entire amount, but he has failed to do so. She would

further submit that the appellant-writ petitioner is only trying

to stall the proceedings.

5. In that view of the matter, we do not find any merit

in this intra-court appeal, and the same, is hereby, dismissed.

6. Urgent certified copy of this order be issued to the

learned counsel for the parties, as per Rules.

(S.K. MISHRA, A.C.J.)

(ALOK KUMAR VERMA, J.) Dated: 23rd May, 2022 NISHANT