Allahabad High Court
Surendra Singh vs State Of U.P Thru Prin Secy Revenue ... on 3 November, 2022
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 20
Case :- WRIT - C No. - 32272 of 2017
Petitioner :- Surendra Singh
Respondent :- State Of U.P Thru Prin Secy Revenue Lko And Ors
Counsel for Petitioner :- Kushendra Kumar Singh Rat
Counsel for Respondent :- C.S.C,Balram Yadava,Vinod Kumar Singh
Hon'ble Manish Kumar,J.
Heard learned counsel for the petitioner and learned counsel appearing for the respondent no. 3.
Present writ petition has been preferred for quashing of the order dated 31.03.2017 passed by the Manager Class II, Uttar Pradesh Sahkari Bank Limited Sitapur by which it was directed to the petitioner to depsoit Rs. 80,000/- by 30.04.2017 and to quash the recovery certificate dated 24.11.2017 issued by the Tehsildar Sadar Tehsil Sitapur.
The learned counsel for the petitioner has submitted that petitioner had taken an agricultural loan of Rs. 30,000/- from the respondent no. 3 in the year 2007. It is further submitted that due to crop of papaya was destroyed, petitioner could not pay even a single installment against the loan taken by him. It is further submitted that pursuant to the order of this Court dated 04.01.2018, petitioner has already deposited Rs. 60,000/- against the amount shown i.e. 90,829/- in the recovery certificate.
Learned counsel for the petitioner has relied upon the judgment passed by Hon'ble Single Judge of this Court in the case of Chander Vs. State of U.P. and others reported in 2007 All. C.J. 1681 wherein it has been held that since the principles of Damdupat are applicable to agricultural loans as well the Bank cannot recover the amount of interest in excess of principal amount.
Learned counsel for the respondent has relied upon the judgment of Division Bench of this Court passed in the case of Sahab Singh Vs. The Collector Hardoi and 3 others (Special Appeal No. 825 of 2013), decided on 22.11.2013 wherein it has been held that charging of interest against the amount due towards loan would be governed by the agreement with the Bank.
At this stage, learned counsel for the petitioner has submitted that he is ready to pay the entire outstanding loan amount in easy installments as stipulated by this Court.
The learned counsel appearing for the Bank has no objection if directions to pay the entire outstanding loan amount in easy installments with interest.
Accordingly, this writ petition is finally disposed of with the following directions:-
1. The petitioner shall deposit a sum of Rs. 20,000/- within one month from today.
2. Rest of the outstanding amount including the interest thereon from 04.12.2022 till the date of last installment shall be deposited in equal quarterly installments.
3. The respondent Bank shall inform the petitioner in regard to the amount of installments within a period of two weeks from the date of deposit of Rs. 20,000/-.
4. It is further provided that the last installment under this order shall include the accrued amount of interest by that date.
5. In case, the petitioner abides by the terms of this order, no coercive measures shall be taken against the petitioner.
6. In case, any default of this order is committed by the petitioner, it shall be open to the respondent-Bank to proceed against him by taking all measures including coercive measures, which may be available under the law.
Order Date :- 3.11.2022
Ashish
