Court No. 21
Civil Misc. Writ Petition No. 43606 of 2010
Devendra Singh
Vs.
State of U.P. and others
Hon'ble V.K.Shukla,J.
At the point of time when the matter has been taken up it has been
pointed out by Sri Arun Kumar Mishra, Advocate that notice was sent to the
petitioner way back on 28.04.2008 asking him regularizing his account and
now petitioner is approaching this Court.
From the side of petitioner it has been contended that thereafter
recovery proceeding is being pressed by the Tehsildar, Ghatampur, District
Kanpur Nagar. It has further been contended that whatever amount is
sought to be recovered from him due till date alongwith interest as
mentioned in the recovery citation, and as due to the Bank qua the same he
is prepared to pay.
Learned counsel for the Bank has no objection to the same by stating
that the anxiety of the Bank is that the amount should be recovered back.
Accordingly this petition is disposed of with the following directions:
(i) Petitioner may deposit the entire amount sought to be recovered directly
in concerned Bank/Samiti in six equal instalments. In calculating the arrears
the amount (if any) already paid will be adjusted.
(ii) The first instalment may be deposited within two months from today,
and rest of instalments be deposited at the interval of two months. These
deposits may be made before the Branch of the Bank from where the loan
was taken. In case instalments are deposited in the Bank then half of the
recovery charges only be recovered from the petitioner.
(iii) During period the recovery proceedings will be kept in abeyance. In
case petitioner defaults in depositing any of the instalments within the
above stipulated time it will be open to the respondents to start recovery
proceedings again by taking coercive process at once to which the petitioner
undertakes not to challenge.
(iv) Petitioner may file an application for supply of statement of account
alongwith the duly stamped self addressed envelope. In case any such
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application is filed, the concerned branch of the Bank will give the same to
the petitioner after deposit of first instalment within fifteen days.
(v) This order will not affect any auction if it has already taken place. In that
event the petitioner may take appropriate legal proceedings to set aside the
auction under U.P.Z.A & L.R. Act and Rules 1952 or file a suit in accordance
with law.
(vi) It is clarified that this order will be operative and will not come in way of
recovers process in any manner, if any, other writ petition has been filed
before this Court against the recovery proceeding for the loan amount.
(vii) Property (agricultural land/tractor) belonging to the petitioner, if
attached in connection with recovery proceedings, will be released by the
concerned Tahsil authority (unless it has been auctioned) after deposit of
first instalment and further moment first instalment is paid the applicant
shall also be released.
(viii) if any fact given from the side of the petitioner is found to be incorrect
by bank authorities. It will be open for them to move an application for
modification/recall of the order.
Dated 28th July, 2010
Dhruv