Court No. - 3 Case :- MISC. SINGLE No. - 3759 of 2010 Petitioner :- Brijendra Kumar Respondent :- Sub Divisional Magistrate Bilgram Hardoi And Ors. Petitioner Counsel :- Moti Lal Yadav Respondent Counsel :- C.S.C.,Virendra Misra Hon'ble Shri Narayan Shukla,J.
Heard Mr.Moti Lal Yadav, learned counsel for the petitioner and
Mr.A.P.Shukla, learned counsel for the opposite party No.3 as well as learned
Standing counsel for opposite parties 1 and 2.
The petitioner has challenged the recovery proceedings initiated against him.
It is submitted that the loan was taken by his mother and after her death the
petitioner as well as his brother Mr.Babu Ram inherited the property in equal
share, therefore, he submits that he is liable only to repay the half of the
amount of loan. However, I do not feel it appropriate to adjudicate upon the
liability of the petitioner or his brother in regard to payment of loan and
therefore, I hereby ask him to deposit the whole amount in the following
manner.
Considering the facts and circumstances of the case, I hereby stay the
recovery proceedings initiated against the petitioner, provided the petitioner
deposits 1/4 of the demanded within a period of three months from today and
rest of the amount shall be deposited in four quarterly instalments. The first
instalment shall become due on 2nd of January, 2011 and accordingly the
petitioner shall continue to deposit the rest of the instalments with up to date
interest with the Bank. After deposit of ΒΌ of the amount as provided here-in-
above, in case the petitioners’ tractor has been attached in the recovery
proceedings, the same shall be released forthwith. In case the petitioner has
made certain payments, and the adjustment of which has not been made in the
amount demanded, it will be open to the petitioner to give proof of the same to
the Bank and if such a proof is given, the Bank shall adjust the said amount.
The petitioner is at liberty to recovery the half of the amount of loan
paid by him to the Bank from his brother, who has inherited the property in the
same manner.
In case the petitioner commits any default in complying with any of the
aforesaid conditions, the benefit of this order would not be available to the
petitioner and it will be open to the opposite parties to realize the entire amount
due in accordance with law.
With the above directions, the writ petition is disposed of finally.
Order Date :- 2.7.2010
Banswar