HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 894 of 2010 Petitioner :- Ashok Kumar Shukla Respondent :- M/S H.D.F.C. Bankl Limited Thru' Branch Manager Petitioner Counsel :- A.K. Mehrotra Respondent Counsel :- P.K. Singh Hon'ble Rajes Kumar,J.
It appears that the petitioner had taken a loan of Rs. 10,50,000/- from respondent-bank under the higher purchase agreement for the purchase of Truck No. UP-78-AT-7325 on 17.1.2006. The aforesaid amount was to be paid in 45 instalments upto 15.11.2009. The total amount payable was Rs.12,34,800/- including the interest. As per respondent-bank, 34 instalments have been paid and 11 instalments were outstanding. Due to non-payment of the instalments, the vehicle has been re-possessed by the respondent. The petitioner filed a suit that the vehicle may not be re-possessed by the bank except in accordance to law. It appears that some interim order has also been passed restraining the bank. However, the respondent has re-possessed the vehicle.
Learned counsel for the petitioner submitted that a sum of Rs.3,01,840/- is outstanding which he is ready to pay but according to learned counsel for the bank, the outstanding amount is about Rs.4,91,000/-. Learned counsel for the petitioner submitted that the petitioner is ready to pay the outstanding dues to the bank within a reasonable period and for this the petitioner may be permitted to settle the dispute with the bank.
In view of the above, let the petitioner may move an application before the respondent for the settlement of the dispute relating to the outstanding dues and the respondent is directed to consider the case of the petitioner within a period of one week from the date of filing of the application.
List this case on 27.4.2011.
Order Date :- 18.4.2011 OP