Court No. - 27 Case :- MISC. BENCH No. - 7045 of 2010 Petitioner :- Nitin Pandey Respondent :- State Bank Of India Sultanpur Branch Through Its C.M. Petitioner Counsel :- K.M.Shukla Respondent Counsel :- Sudeep Seth Hon'ble Devi Prasad Singh,J.
Hon’ble Yogesh Chandra Gupta,J.
Heard learned counsel for the petitioner, and Sri R.P. Dev holding brief of Sri
Sudeep Seth, learned counsel for the respondent Bank.
The petitioner has taken loan from the respondent Bank. On account of
defualt of payment of dues, impugned citation of recovery has been issued. It
has been stated by the petitioner’s counsel that the respondent Bank has not
given correct statement of account and notice contains some much higher
amount than the amount the respondent Bank have charged for payment.
Submission is that the petitioner is ready to pay the entire amount at an early
date in easy instalments and the respondent Bank may furnish him correct
statement of account.
Learned counsel for the respondent Bank has no objection in case the
petitioner is permitted to deposit the entire dues in easy instalments.
Accordingly, respondents are directed to furnish the petitioner the correct
statement of account within 15 days from the date of receipt of a certified
copy of this order. Thereafter, the petitioner is permitted to pay the entire
dues in seven equal quarterly instalments. The first instalment shall fall due
in September, 2010. However, in the event of default of payment of dues, it
shall be open for the respondents to proceed in accordance with law to recover
the entire amount.
The writ petition is accordingly disposed of.
Order Date :- 28.7.2010
Rajneesh)