Mohd. Jubair And 2 Others vs State Of U.P. And 2 Others
2017 Latest Caselaw 8162 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - C No. - 61629 of 2017
 

 
Petitioner :- Mohd. Jubair And 2 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Suresh Dhar Dwivedi
 
Counsel for Respondent :- C.S.C.,Neeraj Dwivedi
 

 
Hon'ble Abhinava Upadhya,J.

Supplementary affidavit filed today is taken on record.

Heard learned counsel for the petitioners; Shri Neeraj Dwivedi, learned counsel for the HDFC Bank-respondent no. 3 and learned Standing Counsel appearing for the State-respondents no. 1 & 2.

By means of this writ petition, the petitioners have prayed for quashing the recovery citation dated 31.10.2017 for recovery of an amount of Rs. 11,31,833.29 + other charges.

The petitioners had taken a loan of Rs. 5,58,000/- in the year 2013. On default being committed, the recovery has been initiated.

Learned counsel for the petitioners submits that the petitioners accept the entire liability and are ready to deposit the entire amount provided the Court fixes some easy instalments to deposit the amount.

Shri Neeraj Dwivedi, learned counsel for the respondent-Bank submits that the Bank has no objection provided the petitioners deposit the entire outstanding amount within the time allowed by this Court and on default being committed by the petitioners in depositing the amount, the Bank may be given liberty to proceed further in the matter.

Considering the facts and circumstances of the present case, ends of justice would be served in disposing of the writ petition with the following directions:

1. The petitioners shall deposit the entire outstanding amount in four equal instalments and the first instalment shall be paid on or before 30th January, 2018 and thereafter remaining three instalments shall be deposited within every six months.

2. After the deposit of the first instalment, the Bank shall provide a statement of account to the petitioners after adjusting the amount deposited by the petitioners and subsequent instalments shall be paid accordingly.

3. If the petitioners deposit the entire amount as aforesaid with the respondent, no recovery charges shall be taken from them.

4. Subject to payment as directed above, no coercive action shall be taken against the petitioners by the respondents.

5. In the event of petitioners committing any default in depositing the amount as directed above, the respondents will be at liberty to proceed against the petitioners in accordance with law and the recovery proceeding shall be revived.

With the aforesaid observations/directions, the writ petition is finally disposed of.

Order Date :- 20.12.2017

Sunil Kr. Gupta