Allahabad High Court
Ajay Pundir vs State Of U.P. & Another on 27 October, 2015
Bench: Ran Vijai Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 2
Case :- WRIT - C No. - 60190 of 2015
Petitioner :- Ajay Pundir
Respondent :- State Of U.P. & Another
Counsel for Petitioner :- Satish Solanki
Counsel for Respondent :- C.S.C.,Amrish Sahai
Hon'ble Ran Vijai Singh,J.
Heard Sri Satish Solanki, learned counsel for the petitioner, learned Standing Counsel appearing for the State-respondents and Sri Amrish Sahai, learned counsel for respondent - Bank.
This writ petition has been filed for issuing a writ of mandamus directing the respondents to take the recovery amount in easy installments pursuant to the recovery notice dated 18.8.2015 issued against the petitioner by the respondent- Bank to recover an amount of Rs. 114155/-.
The petitioner is a farmer. He has taken loan for agricultural purposes, but the petitioner could not pay the same within the time stipulated in the agreement. In consequence thereof, a recovery notice has been issued for recovery of Rs. 114155/-. It is contended by learned counsel for the petitioner that the petitioner is ready to pay the entire amount provided some easy installments are fixed for the same. To the proposal made by the learned counsel for the petitioner, learned counsel for the respondent bank as well as learned Standing Counsel have no objection.
The writ petition is disposed of with the consent of learned counsel for the parties with the following directions:
(i) in case the petitioner deposits Rs. 25,000/- before the Bank within a period of one and half months from today along with certified copy of the order of this Court, the Bank shall provide the statement of account to the petitioner within two weeks from the date of such deposit;
(ii) thereafter, the Bank shall fix three equal six-monthly instalments after deducting the amount which has been deposited by the petitioner towards the amount due and intimate the same to the petitioner within a period of two weeks from the date of fixing of such instalments. For depositing the first instalment, the Bank itself shall indicate the date which shall not be less than one month from the date of receipt of intimation given by the Bank;
(iii) after fixation of instalments by the bank, the first instalment fixed by the Bank as indicated above be deposited by the petitioner on the date fixed by the Bank in the Bank itself and the remaining instalments be deposited on or before the date fixed by the Bank.
(iv) in case of default in deposit on the date fixed by the Bank, the defaulted amount be also deposited on the date fixed for depositing next instalment.
(v) in case of three defaults with respect to the payment as per schedule fixed by the Bank, the recovery would stand revived and the respondents may proceed in accordance with law to recover the amount due against the petitioner.
(vi) in case of satisfactory deposit with the Bank as indicated above, no coercive action shall be taken against the petitioner and further no recovery charges shall also be realized from the petitioner.
Subject to the above observation, the writ petition is disposed of.
Order Date :- 27.10.2015
Pratima
