Md. Farooquzzaman And ANR v. Housing And Urban Development Corporation Ltd. And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.440 of 2016 ======================================================

1. Md. Farooquzzaman S/o Late Md. Abdul Jalil

2. Smt. Nahid Zaman W/o Md. Farooquzzaman Both are Resident of Rahmant Compound, Opposite ITI, Dighaghat, P.S. Digha, Patna ... ... Petitioner/s

Versus

1. Housing & Urban Development Corporation Ltd. HUDCO Branch, India Habital Centre, Lodi Road Road, New Delhi through its General Manager

2. The Chief Regional Manager, Housing & Urban Development Corporation Ltd. ( HUDCO ), Regional Office at Block B/2, 2nd Floor, Mauryalok Complex, Dak Banglow Road, Patna

3. The Branch - In - Charge ( Manager ), Housing & Urban Development Corporation Ltd. ( HUDCO ), Regional Office at Block B/2, 2nd Floor, Mauryalok Complex, Dak Banglow Road, Patna

4. The Assistant General Manager, Housing & Urban Development Corporation Ltd. ( HUDCO ), Regional Office at Block B/2, 2nd Floor, Mauryalok Complex, Dak Banglow Road, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Nadim Seraj For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-11-2018 The learned counsel for the Respondents has filed a counter affidavit annexing a letter dated 24.02.2014 along with the detailed accounts so as to enable the petitioners to pay the outstanding amount.

The learned counsel for the petitioners submits that though the prayer of the petitioners in the writ petition has been acceded to with the production of the statement of accounts by the respondents, however, it appears that the amounts, already deposited by the petitioners, has not been deducted.

Patna High Court CWJC No.440 of 2016(7) dt.01-11-2018 2/2 In view of the rival submissions made by the learned counsel appearing for the respective parties, I deem it fit and proper to direct the Respondents Bank Institution to deduct the amount already paid by the petitioners from the statement of accounts produced before this Court, if not already deducted and thereafter, demand notice should be issued to the petitioners within a period of eight weeks, which the petitioners would be obliged to pay within a period of twelve weeks thereafter. The present writ petition is disposed of with the aforesaid directions.

(Mohit Kumar Shah, J) ajay gupta/- U