Israr Ali @ Mohd. Israr @ Tauley vs State Of U.P. Thru Collector, ...
2013 Latest Caselaw 7108 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 22
 

 
Case :- MISC. SINGLE No. - 7713 of 2013
 

 
Petitioner :- Israr Ali @ Mohd. Israr @ Tauley
 
Respondent :- State Of U.P. Thru Collector, Distt. Lakhimpur Kheri & Ors
 
Counsel for Petitioner :- Arif Khan,S.S. Bhadauriya
 
Counsel for Respondent :- C.S.C.,Prashant Kumar
 

 
Hon'ble Satyendra Singh Chauhan,J.

Heard learned counsel for the petitioner and learned Standing Counsel  as well as  Sri Prashant Kumar, learned counsel for the Bank.

The petitioner had taken loan from opposite party no.3. It appears that there was some default in the payment of the loan and recovery proceedings have been initiated against the petitioner.

Learned counsel for the petitioner submits that the petitioner is ready to clear off the dues of the Bank if time to deposit the same in instalments is granted to the petitioner.

Learned counsel appearing for the Bank has no objection to the aforesaid request.

Accordingly, this writ petition is disposed of finally with the following directions:

"1. The petitioner shall deposit the entire arrears in five equal half yearly  instalments with opposite party no.3 as per the recovery citation, Annexure No.3 to the writ petition. The amount already paid towards the demand shall be adjusted.

2. The first instalment shall be deposited within two months from today and the subsequent instalments shall be deposited after every six months.

3. During the aforesaid period, recovery proceedings shall be kept in abeyance. In case of default of payment of any instalment as stated above,  benefit of this order shall not be available to the petitioner and it will be open to the opposite parties to recover the amount."

Order Date :- 25.11.2013

RBS/-