Court No. - 28 Case :- WRIT - C No. - 37804 of 2010 Petitioner :- Dilawar Singh And Others Respondent :- State Of U.P. & Ors. Petitioner Counsel :- C.K. Jha Respondent Counsel :- C.S.C.,R.B. Sahai Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the petitioners, learned Standing Counsel for the
State and Sri R.B.Sahai learned counsel for the respondent-bank.
It is submitted by learned counsel for the petitioners that the petitioners had
taken agriculture loan of Rs. 3,40,000/- from the respondent bank but due to
unavoiable circumstances, the petitioners could not deposit the loan amount
and now recovery citation of Rs. 3,72,615/- plus recovery charges has been
issued against the petitioners. Learned counsel for the petitioners has further
submitted that the petitioners are ready to pay the entire outstanding loan
amount alongwith interest in easy installments.
Sri R.B.Sahai, learned counsel for the respondent-bank has no objection to the
aforesaid submissions of the learned counsel for the petitioners.
Considering the submissions made by learned counsel for the parties, the
present writ petition is finally disposed of with the following directions:-
(i) The petitioners shall pay the entire recovery amount due against them
alongwith interest to the respondent-bank in six equal installments. The Ist
installment shall be paid by the petitioners on or before 2nd of August, 2010.
Subject to the deposit of Ist Installments on or before 2nd August, 2010,
recovery proceedings against the petitioners shall be kept in abeyance
provided,
(ii) The remaining five installments shall be paid over by the petitioners at
regular interval of two months each starting from 2nd October, 2010 with the
respondent bank.
In case of default in payment of any installments, as stated above, then interim
protection granted by this Court shall automatically stands vacated and the
respondent-bank shall be at liberty to realize the loan amount due against the
petitioners as per law.
Order Date :- 2.7.2010
S.Ali