Allahabad High Court
Mahesh Kumar vs State Of U.P. & 2 Others on 20 December, 2013
Bench: V.K. Shukla, Suneet Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 39
Case :- WRIT - C No. - 70786 of 2013
Petitioner :- Mahesh Kumar
Respondent :- State Of U.P. & 2 Others
Counsel for Petitioner :- Madhu Ranjan Pandey
Counsel for Respondent :- C.S.C.,Nimaidas
Hon'ble V.K. Shukla,J.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the petitioner and Sri R.L. Kesari, Advocate for respondent-Bank.
Admittedly petitioner took loan from the respondent-Bank concerned out of which petitioner has not paid substantial amount. Petitioner submits that he is ready to deposit whole of the amount is easy installment.
Learned counsel for the Bank states that the anxiety of the Bank is that the amount should be recovered back.
At this stage without challenging correctness of amount sought to be recovered, a prayer has been made that if amount sought to be recovered is permitted to be deposited in easy instalments deposit of entire amount alongwith interest due till date can be made.
Accordingly this petition is disposed of with the following directions:
(i) Petitioner may deposit the entire amount sought to be recovered directly in concerned Bank in six equal instalments. In calculating the arrears the amount (if any) already paid will be adjusted.
(ii) The first instalment may be deposited within two months from today, and rest of instalments be deposited at the interval of two months. These deposits may be made before the Branch of the Bank from where the loan was taken. In case instalments are deposited in the Bank then half of the recovery charges only be recovered from the petitioner.
(iii) During period the recovery proceedings will be kept in abeyance. In case petitioner defaults in depositing any of the instalments within the above stipulated time it will be open to the respondents to start recovery proceedings again by taking coercive process at once to which the petitioner undertakes not to challenge.
(iv) Petitioner may file an application for supply of statement of account alongwith the duly stamped self addressed envelope. In case any such application is filed, the concerned branch of the Bank will give the same to the petitioner after deposit of first instalment within fifteen days.
(v) This order will not affect any auction if it has already taken place. In that event the petitioner may take appropriate legal proceedings to set aside the auction under U.P.Z.A & L.R. Act and Rules 1952 or file a suit in accordance with law.
(vi) It is clarified that this order will be operative and will not come in way of recovery process in any manner, if any, other writ petition has been filed before this Court against the recovery proceeding for the loan amount.
(vii) Property (agricultural land/tractor) belonging to the petitioner, if attached in connection with recovery proceedings, will be released by the concerned Tahsil authority (unless it has been auctioned) after deposit of first instalment and further moment first instalment is paid the applicant shall also be released.
(viii) if any fact given from the side of the petitioner is found to be incorrect by bank authorities. It will be open for them to move an application for modification/recall of the order.
(ix) In case all the instalments are deposited as per schedule fixed the petitioner may approach the concerned Bank for waiving of recovery charges. In the event of any such application being filed same shall be dealt with in accordance with law by the bank concerned.
With the aforesaid direction writ petition stands disposed of.
(Suneet Kumar, J.) (V.K. Shukla,J.)
Order Date :- 20.12.2013
Dhruv
