Ajit Kumar Pandey vs State Of U.P. And Others
2011 Latest Caselaw 236 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 
Case :- WRIT - C No. - 15134 of 2011
 
Petitioner :- Ajit Kumar Pandey
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Surendra Singh
 
Respondent Counsel :- C.S.C.,B.N. Singh
 

 

 
Hon'ble Satya Poot Mehrotra,J.

Hon'ble Rajesh Chandra,J.

     The petitioner took loan for business purposes under the Pradhan Mantri Rozgar Yogna from the respondent no. 4-Union Bank of India in the year 2007. The petitioner committed default in payment of loan, and consequently, recovery proceedings  have been initiated against the petitioner.  The Recovery Citation dated 28.2.2011 has been issued in this regard. Copy of the Recovery Citation  has been filed as Annexure-1 to the Writ Petition. As per the said Recovery Citation, an amount of Rs. 1,45,683/- plus other charges is due from the petitioner.

      We have heard Shri Surendra Singh, learned counsel appearing for the petitioner, the learned Standing Counsel appearing for the respondent nos. 1,2  and 3 and Shri B.N. Singh, learned counsel for the respondent no.4.

      Shri Surendra Singh, learned counsel appearing for the petitioner states  that the petitioner is ready to pay the entire amount due from him together with up-to-date interest if time to deposit the same in instalments is granted.

      Shri B.N. Singh, learned counsel appearing for the respondent no.4 and the learned Standing Counsel appearing for the respondent nos. 1, 2 and 3 have no objection to the aforesaid prayer made on behalf of the petitioner.

      In the circumstances, the present Writ Petition is disposed of finally with the following directions:

      (i) The petitioner may deposit the entire amount sought to be recovered directly with the contesting respondent no.4-Bank in six equal monthly instalments, as mentioned hereunder, with up-to-date interest.

     (ii) The first instalment may be deposited by 1.4.2011 and thereafter the remaining amount may be deposited in five monthly instalments payable on first working day of each succeeding month starting with effect from May 2011. Any amount already deposited will be adjusted.

      (iii) This order will not affect any auction or sale which may already have taken place.

     (iv) If the petitioner deposits the instalments with up-to-date interest, as fixed by this Court, in time, the recovery shall be kept in abeyance but if the petitioner commits default in paying any of the instalment, this order shall stand vacated and the respondents will be at liberty to proceed against the petitioner in accordance with law.

     (v) On deposit of all the instalments with up-to-date interest, as fixed by this Court, in time, and also 50% of the recovery charges, the recovery proceedings against  the  petitioner shall be dropped.

     (vi) This order will not be applicable if the petitioner has filed any earlier writ petition challenging the recovery of this loan.

Order Date :- 14.3.2011

Ajeet