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Neutral Citation No. - 2025:AHC:90141-DB Court No. - 39 Case :- WRIT - C No. - 16050 of 2025 Petitioner :- Pawan Kumar Agarwal Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Anand Prakash Paul,Brij Bhushan Paul Counsel for Respondent :- A.S.G.I.,C.S.C.,Ramesh Kumar Shukla Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J.
1. Mr. Anand Prakash Paul, learned advocate appears on behalf of petitioner and submits, his client and his wife have several accounts, including deposit accounts, with respondent no.9 (HDFC Bank, Branch Tundla). His client made representation dated 8th April, 2025 requiring aggregate amount of money lying in the several accounts to either be put in an account or otherwise enable withdrawal, dealing with it. He submits further, his client along with his wife, now since deceased had earlier approached this Court against recovery certificate issued by the Bank. The writ petition was dismissed on the Bank saying, the certificate had been withdrawn. Text of order dated 2nd April, 2025 made by the coordinate Bench is reproduced below.
"This writ petition was filed with a prayer that the order dated 20.12.2024, by which recovery was being done, be quashed. Sri Ramesh Kumar Shukla, learned counsel appearing for the respondent- Bank states that the impugned recovery certificate has been withdrawn and the letter to this effect has been sent to the District Magistrate. No further
order therefore is required. The writ petition is, accordingly, dismissed." He seeks direction for consideration of the representation.
2. Mrs. Smriti Gupta, learned advocate, holding the brief appears on behalf of the Bank and submits, the writ petition is not maintainable as her client is a private bank. Mr. Paul replies, banking services stand regulated under statute. His client is seeking interference as constituent in the matter of banking services.
3. We overrule the preliminary objection in accepting submission made on behalf of petitioner, fortified by omission of the Bank to have earlier urged the objection when petitioner had challenged the recovery notice.
4. Respondent no.9 is directed to consider petitioner's representation dated 8th April, 2025. Petitioner will communicate certified copy of this order along with copy of his representation to said respondent. Decision taken be informed to petitioner within four weeks thereafter.
5. The writ petition is disposed of.
Order Date :- 27.5.2025 Shivangi (Arindam Sinha, J.) (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad