RAGHVENDRA KUMAR, J. - (1.) Heard Sri W. H. Khan, learned Senior Counsel assisted by Sri J. H. Khan, learned counsel for the petitioners, learned Standing Counsel for the State and Sri Verendra Kumar Srivastava, learned counsel for respondent no.4.
(2.) Petitioners have approached this Court seeking following reliefs : - (I) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.1 to 3 to refund Rs.1 lac with 18 % interest per annum which the respondent no.3 realized from the petitioner under coercion towards recovery charges in pursuance of the citation dated 13.5.2015. (II) Issue a writ, order or direction in the nature of mandamus commanding the respondent nos.1 to 3 not to make any further recovery or demand of Rs.6 lacs as collection charges against the citation dated 13.5.2015. (III) Issue any other writ, order or direction which the Hon'ble Court may deem fit and proper in the circumstances of the present case. (IV) Award costs to the petitioner from the contesting respondents."
(3.) Petitioner no.1 availed financial assistance from Central Government financial institution (respondent no.4) through petitioner no.2 to a tune of Rs.54 lacs out of which he made a payment of Rs.12, 44, 700/ -. Due to cancer ailment of the son of petitioner no.2, there was default in payment of the balance loan amount. The respondent no.4 issued a recovery certificate to respondent no.2 for the recovery of Rs.1, 18, 39, 269.20/ - on the basis of which respondent no.3 issued a citation on 13.5.2015 for appearance on 27.5.2015 and payment. The petitioner came to know about the recovery citation and approached to the respondent no.4 for the settlement of the recovery amount. The petitioner made a request to respondent no.4 to give some time to him to arrange money for clearing the outstanding dues and in the meantime, the recovery certificate be kept in abeyance. The respondent no.4 issued a letter dated 18.8.2015 to respondent no.2 to keep the recovery certificate in abeyance.;