Court No. - 2 Case :- WRIT - C No. - 43856 of 2010 Petitioner :- Ashok Kumar Respondent :- State Of U.P. And Others Petitioner Counsel :- Lalit Kumar Shukla Respondent Counsel :- C.S.C. Hon'ble Ashok Bhushan,J.
Hon’ble Virendra Singh,J.
Issue notice to respondent Nos. 2 and 3 returnable at an early date.
Steps be taken within three days.
Four weeks’ time is allowed to the respondents to file counter
affidavit.
Learned counsel for the petitioner contends that petitioner
submitted an application for housing loan of Rs. 6,00,000/- for
buying a L.I.G. house which was sanctioned by letter dated 31st
December, 2008. However, only an amount of Rs. 2,67,000 was
disbursed to the petitioner. The aforesaid amount was to be repaid
by way of monthly installment of Rs. 3,000/- by virtue of letter
dated 22.10.2009 of the Bank.
Petitioner’s case in the writ petition is that initially monthly
installment of Rs. 6,798/- was fixed on the total amount of Rs.
6,00,000/- against which he moved several representation before
the respondents submitting that only an amount of Rs. 2,67,000/-
was disbursed to him and he is liable to pay the monthly
installments of Rs. 3,000/- only.
Learned counsel for the petitioner submits that the respondents
have now proceeded to take action under Section 13 Sub-section 4
of the SARFAESI Act, 2002. He submits that the petitioner is
ready to pay the defaulted installment on the amount which has
been disbursed to him within one month with the respondents.
List after expiry of four weeks.
In the meantime it is provided that subject to petitioner’s
depositing the entire defaulted installment on the amount of Rs.
2,67,000/-, the respondents shall not proceed further in
continuation of proceedings initiated under Section 13 of Act.
Order Date :- 29.7.2010
Shiraz