Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 7405 (ALL)

RAKESH SINGH AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/1126/2025 · 2025-01-24

Siddhartha Varma, Y K Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:12931-DB Court No. - 39 Case :- WRIT - C No. - 1126 of 2025 Petitioner :- Rakesh Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akashi Agrawal,Vidit Agarwal Counsel for Respondent :- C.S.C.,Mohd. Afzal,Swapnil Sinha Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Learned counsel for the petitioners is permitted to correct the description of the respondent Nos. 2 and 4, during the course of day. 2. The instant petition has been filed praying for writ of mandamus commanding respondent no. 3 to recover Rs. 78,44,253.89 from respondent no. 6 in pursuance of recovery certificate issued against it. 3. Sri Swapnil Sinha, learned counsel for respondent no. 4 submits that respondent no. 4 is ready to pay the entire amount in pursuance of the recovery certificate to the petitioner by means of six post-dated cheques encashable every month. 3. The offer is acceptable to learned counsel for the petitioner. 4. Accordingly, the petition is disposed of by providing that respondent no. 4 will deposit four post-dated cheques covering the entire amount under the recovery certificate along with up-to-date interest before respondent no. 2- Incharge Secretary, UP Bhu Sampada Viniyamak Pradhikarn Regional Officer, Greater Noida, Gautam Buddh Nagar within two weeks from today. Cheques will be handed over by respondent no. 2 to the petitioner. 5. Ms. Shivangi Singh, learned Advocate holding brief of SriMohd. Afzal, learned counsel has appeared on behalf of respondent no. 2, who had no objection to the above settlement between the parties. 6. The Director of respondent no. 4 will also furnish his undertaking before respondent no. 2 that in case any cheque is not honoured, he will be personally liable for the same under Section 138 of N.I. Act, apart from the same being treated to be disobedience of the assurance given to this Court that all the cheques would be duly honoured. Order Date :- 24.1.2025 Arun K. Singh [Dr. Y.K. Srivastava, J.] [Siddhartha Varma, J.] Digitally signed by :- ARUN KUMAR SINGH High Court of Judicature at Allahabad