Manish Kumar Rai vs State Of U.P. And Others
2011 Latest Caselaw 1825 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - C No. - 29392 of 2011
 
Petitioner :- Manish Kumar Rai
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- R.P. Dubey
 
Respondent Counsel :- C.S.C.,Sudha Pandey
 

 
Hon'ble Satya Poot Mehrotra,J.

Hon'ble Mrs. Jayashree Tiwari,J.

    The petitioner took loan from the respondent no. 5-Union Bank of India for doing the business of Sarees in the year 2007. Smt. Sudha Pandey, learned counsel for the respondent No.5, on the basis of instructions received by her, states that the loan was taken by the petitioner under the Prime Minister Rozgar Yojna.

     The petitioner committed default in payment of loan. Consequently, the Recovery Proceedings have been initiated against the petitioner. Recovery Certificate dated 4-9-2010 has been sent by the respondent no.5-Bank to the Collector concerned (respondent no.2) in this regard .

    Copy of the Recovery Certificate has been filed as Annexure 2 to the Writ Petition. As per the Recovery Certificate, an amount of Rs.96902/- plus other charges is due from the petitioner.

    We have heard Shri R.P. Dubey, learned counsel for the petitioner, the learned Standing Counsel appearing for the respondent nos.1 to 4 and Smt. Sudha Pandey, learned counsel for the respondent No.5.

     Shri R.P. Dubey,  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.

    Smt. Sudha Pandey, learned counsel for the respondent No.5 and the learned Standing Counsel  for the respondent nos.1 to 4 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.5-Union Bank of India in five equal instalments, as mentioned hereunder, with up-to-date interest.

    ii- The first instalment may be deposited by 10th June, 2011, and thereafter, the remaining amount may be deposited in four monthly instalments payable on the first working day of each succeeding month starting with effect from July, 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 instalaments 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 :- 19.5.2011

AK