High CourtsDivision Bench(2022) 08 UK CK 0055

Lalu Ram vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 18 August 2022

HON’BLE JUDGES
Vipin Sanghi, CJ · Ramesh Chandra Khulbe, J
RESULT
Dismissed
CASE NUMBER
Special Appeal No. 333 Of 2021

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Judgment

7 paragraphs · 205 words

Vipin Sanghi, CJ

1) None appears when the matter is called out.

2) The appeal is in defect since 01.10.2021, which has not been removed.

3) We have perused the impugned judgment.

4) The appellant had preferred the writ petition to assail the recovery certificate issued in respect of an outstanding loan. The appellant had earlier preferred Writ Petition (M/S) No. 3322 of 2019, Lalu Ram Vs State of Uttarakhand and others. The Court had dealt with the petitioner’s case sympathetically directing him to deposit Rs.10,000/- within one month, i.e., on or before 23.11.2019. The remaining amount was to be recovered in twenty four equal monthly installments. Admittedly, the appellant did not comply with the said direction. Consequently, a fresh recovery citation dated 10.07.2021 was issued against the petitioner for the amount of Rs.2,95,368/-. It is this recovery certificate which was assailed in the writ petition in question. The learned Single Judge has not find any merit in the writ petition and, consequently, dismissed the same.

5) We find absolutely no reason to interfere with the impugned order, even on merits. The appeal is, accordingly, dismissed for non-prosecution as well as on merits.

6) In sequel thereto, pending application, if any, also stands disposed of.