Raees Ahmad vs State Of U.P. Thru Prin. Secy. ...
2019 Latest Caselaw 6628 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- MISC. BENCH No. - 20914 of 2019
 

 
Petitioner :- Raees Ahmad
 
Respondent :- State Of U.P. Thru Prin. Secy. Revenue Deptt. & Ors.
 
Counsel for Petitioner :- Farhan Alam Osmany,Mohd. Raziullah
 
Counsel for Respondent :- C.S.C.,Sharad Tiwari
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Alok Mathur,J.

Heard learned counsel for the petitioner and Sri Sharad Tiwari, learned counsel representing the respondent-Bank.

The petitioner by means of this writ petition challenges the recovery proceedings initiated against him for realization of an amount of Rs.10,34,920/- plus interest in respect of which recovery certificate has been issued by the Bank to the Collector on 14.02.2019.

Learned counsel for the petitioner states that petitioner does not disputes the liability, however, if facility of making deposit of entire amount in easy installments is provided, the petitioner shall deposit the whole amount. He has further submitted that because of an incident where fire broke out in the workshop established from the Financial Assistance provided by the Bank, the business of the petitioner has suffered and it is only for the said reason that he has not been able to make payment of the dues in time.

Learned counsel representing the Bank states that since the petitioner is not disputing his liability and hence considering the over all facts of this case, Bank will have no objection in case the petitioner deposits the entire amount in easy installments within a period of one year.

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

(1) The petitioner shall deposit the entire amount as shown in the recovery certificate in twelve monthly installments, first of which shall fall due on 2.09.2019.

(2) Rest of the amount shall be deposited by the petitioner in the installments as observed above. In case the petitioner deposits the entire amount in installments as above, recovery proceedings shall not proceed against the petitioner either by the Bank or by the Tehsil Authorities.

(3) It is also directed that all the installments under this order shall be deposited by the petitioner in the Bank directly, for which no recovery charges shall be leviable either by the Bank or by the Tehsil Authorities.

We also direct that before deposition of the last installment, the Bank shall provide the complete statement of account and will accordingly intimate the demand of the last installment. Once such an intimation is made, petitioner shall deposit the said amount.

However, in case of default of any of the terms of this order, it will always be open to the respondents to take recourse to any proceedings which may be permissible in law, for realization of the amount due.

Order Date :- 1.8.2019

A.K. Singh