Royal Ice Factory Thru. Prop. ... vs Cooperative Tribunal Thru. ...
2019 Latest Caselaw 5986 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 24
 

 
Case :- MISC. SINGLE No. - 18736 of 2019
 

 
Petitioner :- Royal Ice Factory Thru. Prop. Zafar Khan
 
Respondent :- Cooperative Tribunal Thru. Chairman U.P. Lucknow & Ors.
 
Counsel for Petitioner :- Sushil Kumar Pathak
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Irshad Ali,J.

Heard learned counsel for the petitioner and to the learned Additional Chief Standing Counsel on behalf respondent Nos.1 and 2.

In view of the order proposed to be passed in the present writ petition, notice against the respondent Nos.3 to 5 is dispensed with.

By means of the present writ petition, the petitioner is challenging the order dated 1.7.2019 passed by the opposite party No.1, order dated 28.2.2019 passed by the opposite party No.4 and auction notice dated 14.6.2019 issued by the opposite party No.5.

Brief fact of the case is that the petitioner was sanctioned a loan of Rs.3 Lakhs and the cash credit was extended at subsequent point of time up to the limit of Rs.21 Lakhs. The grievance of the petitioner is that he has deposited certain amount, but without issuing notice and without giving opportunity of hearing, recovery proceeding was initiated against him, which was challenged in the Co-operative Tribunal, who has rejected the appeal filed by the petitioner.

At the very outset, Sri S.K. Pathak, learned counsel for the petitioner submitted that the petitioner is ready to deposit the entire amount due to be pain, in installments.

On the other hand, learned Additional Chief Standing Counsel does not dispute the request made by the learned counsel for the petitioner for making the payment in easy installments.

Considering the aforesaid, the writ petition is disposed of with the following directions:-

(i) The respondent-Bank is directed to provide latest statement of account to the petitioner within a week from today.

(ii) The petitioner shall deposit the entire outstanding dues along with up-to-date interest in ten quarterly installments. The first installment shall be paid on or before 10.08.2019.

(iii) The petitioner shall deposit the amount with respondent-Bank and no recovery charges shall be realised from the petitioner.

(iv) Subject to payment as directed above, no coercive action shall be taken against the petitioner in pursuance of the impugned orders. In the event, the petitioner commits any default in payment of the amount as directed above, the recovery proceedings shall stand revived and the Bank shall be at liberty to proceed against the petitioner in accordance with law.

Order Date :- 9.7.2019

Gautam