Allahabad High Court
CHANDRVOSHversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The court permits the petitioner to file a representation before the bank and directs the bank to act on it, without deciding the merits of the writ.
Summary
The petitioner, Chandrvosh, filed a writ petition seeking an order directing the Branch Manager of H.D.F.C. Bank Ltd., Bulandshahr to withdraw a notice dated 23.05.2026 and issue a fresh notice with the correct interest statement. The court, after hearing counsel, disposed of the petition at the admission stage, allowing the petitioner to submit a representation to the bank within two weeks, accompanied by a certified copy of the order. The bank was directed to consider the representation and pass an appropriate order within three weeks, and to issue a fresh recovery certificate if discrepancies are found. The court clarified that the order does not constitute a merits decision and the bank must act independently in accordance with law. Consequently, the writ petition was finally disposed without a substantive hearing on the merits.
Issues considered
- What relief can be granted to the petitioner regarding the withdrawal and re‑issuance of the bank's notice?
- Whether the court can direct the petitioner to approach the bank through an application rather than adjudicating the writ directly?
Subjects
- writ petition
- bank notice
- withdrawal of notice
- interest correction
- ex parte disposal
- administrative law
- banking
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 38679 of 2026
Chandrvosh
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Dharmendra Kumar, Radhey Shyam
Yadav
Counsel for Respondent(s) : C.S.C.
Court No. - 5
HON'BLE PRAKASH PADIA, J.
HON'BLE VIVEK SARAN, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel
for the respondent-State.
2. The petitioner has preferred present writ petition inter-alia with the
prayer to direct the respondent no.2-Branch Manager, H.D.F.C. Bank
Ltd., Bulandshahr to withdraw his notice dated 23.05.2026 and issue a
fresh notice by mentioning correct statement with interest.
3. It is argued by Ms. Kirti Sharma, Advocate, holding brief of Sri R. K.
Shukla, learned counsel for the respondent no.2 that in case petitioner will
submit an application in this regard before the respondent no.2 raising his
grievances as has been raised in the present case, the respondent no.2 will
consider the same in accordance with law.
4. With the consent of learned counsel for the parties, the writ petition is
being disposed of at the admission stage itself.
5. In the facts and circumstances, petitioner is permitted to submit an
application/representation raising his grievances as has been raised in the
present writ petition before the respondent no.2 along-with certified copy
of this order within a period of two weeks from today. If such a
representation is made, the respondent no.2 is directed to pass appropriate
order in accordance with law within a further period of three weeks. If it
is found that there are certain discrepancies in the recovery certification,
WRIC No. 38679 of 2026
2
the fresh recovery certificate should be issued immediately thereafter.
6. With the aforesaid observations, present writ petition is disposed of
finally.
7. Since the writ petition has been decided on an exparte version without
seeking any response from the respondents, thus passing of the order
today may not be construed to an expression that this Court has gone into
the merits of the matter and the second respondent shall accord
independent consideration strictly in accordance with law and the
mandate of law holding the field.
(Vivek Saran,J.) (Prakash Padia,J.)
September 24, 2026
Pramod Tripathi
Digitally signed by :-
PRAMOD TRIPATHI
High Court of Judicature at Allahabad
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