JAGDAMBA COLD STORAGE BIRNO v. STATE OF U.P. AND ANOTHER
WRIC/11735/2025 · 2025-04-20
Shekhar B Saraf, Y K Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43329 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43329 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:58515-DB Court No. - 40 Case :- WRIT - C No. - 11735 of 2025 Petitioner :- Jagdamba Cold Storage Birno Respondent :- State of U.P. and Another Counsel for Petitioner :- Awadhesh Kumar Malviya Counsel for Respondent :- Ashish Agrawal,C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel appearing for the State-respondents and Sri Om Prakash Gupta, learned counsel appearing on behalf of respondent no.2.
2. This is a writ petition under Article 226 of the Constitution of India wherein the petitioner has prayed for the following reliefs:-
"(i) Issue a writ, order or direction in the nature of mandamus directing the respondents to not to charge excess interest from the petitioner as 16 percent in place of 9 percent in pursuance to the cash credit facilities dated
09.03.2009. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondent to excess amount charges from the account of the petitioner except to the 9 percent may be return with interest in the account of the petitioner within stipulated period."
3. Upon perusal of the writ petition and after hearing the counsel for the parties, we are of the view that the writ petition is required to be disposed of with a direction upon the authority concerned to consider the representation filed by the petitioner with regard to the explanation on the rate of interest that has been charged by the bank. Accordingly, the bank is directed to consider the representation of the petitioner, and to provide a detailed
explanation on the rate of interest that has been imposed with regard to the cash credit facility, within a period of four weeks from the date of presentation of a certified copy of this order.
4. With the above directions, the writ petition is disposed of. Order Date :- 21.4.2025 Shahroz (Dr. Y.K. Srivastava,J.) (Shekhar B. Saraf,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad