Court No. - 27 Case :- MISC. BENCH No. - 29 of 2010 Petitioner :- Smt. Sushila Devi Kaushal W/O Govind Prasad Kaushal Respondent :- State Of U.P. Thru Collector, Sultanpur & Anr. Petitioner Counsel :- Subhash Kumar Verma Respondent Counsel :- C.Sc.. Hon'ble Devi Prasad Singh,J.
Hon’ble S.C. Chaurasia,J.
Heard the learned counsel for the petitioner, Sri Vinay Shanker learned
counsel for the respondent Bank as well as the learned standing counsel.
On account of default of payment of housing loan, the impugned
recovery proceedings have been initiated by the respondents. It has
been stated by the petitioner’s counsel that because of financial
constraints and the children’s illness, the petitioner could not pay the
dues. However, the petitioner is ready to pay the entire dues in
instalments.
Sri Vinay Shanker submits that in case the petitioner pays the entire
dues at earliest the respondents will have no objection. He has also
submitted that the petitioner has alternative remedy to prefer appeal.
Keeping in view the fact that the petitioner is ready to pay entire dues,
the averments made in the writ petition and the arguments of the
petitioner’s counsel, the petitioner is permitted to pay an amount of
rupees two lakhs within one month from today and rest of the amount in
two equal quarterly instalment the first of which shall fall due in May,
2010. The respondents shall also provide a copy of statement of
account to the petitioner within two weeks. However, in case of default
of payment of dues in terms of the orders passed by this Court, it shall
be open to the respondents to proceed in accordance with law.
Subject to above, the writ petition is finally disposed of.
Order Date :- 6.1.2010
Rajneesh)
A certified copy of this order be given to petitioner’s counsel today on
usual charges.
Order Date :- 6.1.2010
Rajneesh)