1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 2006 of 2008 (M/S) M/s Garima Construction Through its sole Proprietor Smt. Minakshi Chaurasia D/o Ram Prasad Chaurasia W/o Sri Promod Kumar Chaurasia R/o Prem Kedar Near Kumain Sweet Shop Society Area, Subhash Nagar, Dehradun. . Petitioner ...………… [ Versus 1. Central Bank of India through its authorized officer Easley Hall, Rajpur Road, Dehradun. 2. The Doon Dhruv Public School through Smt. Purnima Sharma W/o Late Sri Shyam Sunder Sharma R/o Mandu Wala, Sudhowala, Chakrata Road, Dehradun. 3. All India Neel Kanth Education Society Registered of Act, A –25 / 2, Shastri Marg Street No. 5, East Maujpur, Delhi. ...…………. Respondents Mr. Nanak Chand Gupta, Advocate for the petitioner. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the petitioner. 2) By means of this writ petition, the petitioner has sought writ in the nature of mandamus, commanding the respondents to pay a sum of Rs. 85,90,102/- from respondents No. 2 and 3. 2 3) Brief facts of the case are that the petitioner is a private contractor, who has stated in the writ petition that he made certain constructions as a contractor for respondent No. 2 The Doon Dhruv Public School, which is a private institution. It is alleged that there had been some scandal of rupees eight crores in taking the loan from the Central Bank of India by the school authorities in the name of staff and students. The dispute relating to the amount sought to be recovered by the petitioner is a dispute of recovery of money between two private persons i.e. the petitioner and respondent No. 2 for which petitioner may institute a suit. Merely for the reason that the bank has taken proceedings for auction of the school building does not make this writ petition maintainable. 4) The writ petition is, accordingly, dismissed summarily. (Interim Relief Application No. 7640 of 2008 also stands dismissed). (Prafulla C. Pant, J.) [ Dt. November 17, 2008. H.Negi