Mahendra Singh And 3 Others vs State Of U.P. And Another
2016 Latest Caselaw 5579 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 58
 

 
Case :- WRIT - C No. - 39735 of 2016
 

 
Petitioner :- Mahendra Singh And 3 Others
 
Respondent :- State Of U.P. And Another
 
Counsel for Petitioner :- Akhilendra Yadav
 
Counsel for Respondent :- C.S.C.,Satish Chaturvedi
 

 
Hon'ble Ashwani Kumar Mishra,J.

Heard learned counsel for the petitioner, learned standing counsel for the State and Sri Satish Chaturvedi learned counsel appearing for  the respondent-Bank.

It is stated that petitioner has availed of loan of a sum of Rs. 1,60,000/- for agriculture loan in the year 2008 but the entire amount of loan, in terms of instaments fixed, could not be paid. This writ petition has been filed with the averment that petitioner is ready and willing to deposit the entire balance amount, in case the same is accepted in instalments.

Learned counsel appearing for the respondent Bank has no objection in accepting the amount in instalments.

Having regard to the fact that petitioner has offered to pay the entire amount due against him, in my view, the ends of justice require that the petitioner be granted opportunity to deposit the entire outstanding amount due against him in the following manner:-

(i) petitioner shall deposit a sum of Rs.50,000/- with the respondent Bank by 7th October, 2016;

(ii) in case the amount, as indicated above, is deposited by the date fixed, the respondent Bank shall provide a fresh schedule for re-payment of balance amount in four quarterly instalments, and the same shall be deposited by the petitioner, accordingly;

(iii) no recovery charges shall be recovered from the petitioner by the respondent authorities;

(iv) till 7th October, 2016, and thereafter during period of deposit of instalments, the recovery proceedings will be kept in abeyance. In case the petitioner defaults in depositing initial amount or thereafter instalments within the stipulated time, it will be open for the respondents to start recovery proceedings against the petitioner.

With the aforesaid observations/directions, the writ petition stands disposed of. No order as to costs.

Order Date :- 31.8.2016

n.u.