Shyamal Kumar Mitra v. Gruh Finance Limited

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WA No. 538 of 2018

1. Shyamal Kumar Mitra S/o Shri Nandulal Mitra, Aged About 60 Years (Wrongly Mentioned Nandla), R/o E-9, Adarsh Nagar, Near Chopda Palace, Durg, Tahsil & District- Durg, Chhattisgarh.

2. Smt. Pushpa Mitra, W/o Shri Shyamal Kumar Mitra, Aged About 50 Years R/o E-9, Adarsh Nagar, Near Chopda Palace, Durg, Tahsil & District- Durg, Chhattisgarh.

---- Appellants

Versus

1. Gruh Finance Limited Through Its Authorized Officer/Area Incharge, Raipur A Company Incorporated Under The Provisions Of The Companies Act, 1956 And Having Its Registered Office At Gruh Netaji Marg, Near Mithakhali Six Roads, Ellisbridge, Ahmedabad- 380006 And A Branch Office At Durg, Chhattisgarh.

2. District Magistrate, Durg, District- Durg. ---- Respondents For Appellants :

Shri Jitendra Pali on behal of Shri Anand Shukla, Advocate.

For State/respondent No.2. :

Gary Mukhopahdyay, Government Advocate.

For Respondent No.1 :

Shri Atul Kesarvani, Advocate Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Justice Parth Prateem Sahu Order on Board Per Ajay Kumar Tripathi, Chief Justice 12.09.2018

1. Additional documents and evidence have been brought by the Bank on record indicating the details of the outstanding dues based on which, the demand was made by the Bank. Merely because the counsel for the petitioner has tried to point out certain entries to be erroneous, an adjudication of the same is not required to be made by the writ Court. Petitioner has liberty to fix an appointment with the Bank Authority, produce his evidence of deposit of payments from time to time, against the entries on which he has certain objections, and I am sure the Bank on the basis of their records will reconcile the same if there is a case is made out for such reconciliation.

2. The writ appeal stands disposed off with the above observation. Sd /- Sd /- (Ajay Kumar Tripathi) (Parth Prateem Sahu) Chief Justice Judge Jamal