M/S Kisan Rice Mill And Another vs State Bank Of India And Another

Alok Kumar Verma, J

The present Writ Petition has been filed with the following reliefs:-

(i) To pass an order to set aside the impugned order dated 07.03.2019, passed by the Hon’ble Debt Recovery Tribunal, Dehradun.

(ii) Issue a writ, order or direction in the nature of mandamus directing to the respondent bank to return Rs. 6.68 lacs and excess amount of interest charged arbitrarily from the petitioner by increasing rate of interest 0.25% monthly from 01.12.2010 alongwith interest @ 12% per annum.

Heard Mr. M.S. Pal, learned Senior Advocate assisted by Mr. Vikramaditya Sah, learned counsel for the petitioners and Mr. Dharmendra Barthawal, learned counsel for the respondents.

During the arguments, Mr. M.S. Pal, learned Senior Advocate, submitted that the petitioners do not want to press the relief no. 1. Therefore, the relief no. 1 is rejected as not pressed.

For relief no. 2, learned Senior Advocate requested to decide the present Writ Petition by directing the Competent Authority to decide the representation of the petitioners within four weeks from the date of filing the representation for which, the petitioners shall file their representations within ten days’ from today.

Mr. Dharmendra Barthawal, learned counsel appearing for the respondents, has no objection on the said submissions of learned Senior Advocate.

In view of the submissions of learned counsel for the parties, Writ Petition is disposed of with liberty to petitioners to approach the Competent Authority by making representation. If petitioners make representation within ten days’ from today, the Competent Authority shall look into the matter and decide the representation of the petitioners, in accordance with law, within four weeks from the date of receipt of the representation of the petitioners.

It is made clear that this Court has not expressed any opinion on the merits of the case.