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2025 DAILYLAW 78187 (ALL)

SHREE MAHABIR UDYOG TIMBER & PLY PVT. LTD v. RESERVE BANK OF INDIA AND ANOTHER

WRIC/24057/2025 · 2025-07-23

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:121485-DB Court No. - 21 Case :- WRIT - C No. - 24057 of 2025 Petitioner :- Shree Mahabir Udyog Timber & Ply Pvt. Ltd Respondent :- Reserve Bank Of India And Another Counsel for Petitioner :- Nikhil Mishra Counsel for Respondent :- Satish Chaturvedi Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The following prayer has been made in the present petition:- "i. Issue a writ, order or direction in the nature of Mandamus directing the respondent No.2 to refund the amount of Rs.1,99,706/- deposited by means of Cheque No.383782 dated 31.05.2024 towards payment of pre-closure charges alongwith interest within stipulated time as may be fixed by this Hon'ble Court." 2. The case of the petitioner is that the respondent Bank has levied 2% foreclosure charges upon the petitioner, although it was not initially agreed. It is sought to be contended that the entry in this regard in the prescribed format i.e. the agreement executed between the parties was made subsequently. 3. Per contra, Sri Pankaj Srivastava, learned counsel for the respondent Bank places reliance on a Bank Circular, where-under Bank was authorized to levy 2% as foreclosure charges. 4. Learned counsel for the petitioner Sri Tanishk Goyal, after making submissions at some length, prays for withdrawal of the writ petition with liberty to the petitioner to avail other appropriate remedies to establish the manipulation allegedly carried out by the Bank. 5. Accordingly, without expressing any opinion of merits, the petition is disposed of as withdrawn with liberty in terms of the prayer made. Order Date :- 24.7.2025 Ashish/- (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad