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Judgment
Manoj Kumar Tiwari, J
Petitioner is a borrower, who took loan from Indian Overseas Bank, Branch Laksar, District Haridwar. Since he defaulted in repayment of the loan,
therefore, proceedings were initiated against him for recovery of the outstanding amount. Pursuant to such proceedings, Tehsildar has issued a
recovery citation for recovery of ` 7,58,089/- + other charges. Thus, feeling aggrieved by the recovery citation, petitioner has approached this Court.
This writ petition was filed in the month of May, 2018 and now three years have elapsed since filing of the writ petition.
Learned counsel for the respondent-Bank submits that petitioner has not deposited any amount even though recovery certificate was issued against
him as early as on 01.09.2016.
Learned counsel appearing for the petitioner submits that petitioner had not obtained any loan and the loan was obtained by respondent nos. 4 & 5,
who got petitioner’s thumb impression affixed on the loan document.
This aspect cannot be adjudicated in writ proceedings, where disputed questions of fact are involved.
In such view of the matter, this is not a fit case, in which interference of this Court would be warranted.
Accordingly, the writ petition fails and is dismissed.
There will be no order as to costs.
