Court No. - 21 Case :- WRIT - C No. - 47635 of 2010 Petitioner :- Smt. Munesh Respondent :- State Of U.P. And Others Petitioner Counsel :- Madhusudan Dixit Respondent Counsel :- C.S.C.,Ashish Nigam Hon'ble Arun Tandon,J.
Heard learned counsel for the petitioner and learned counsel on behalf
of the respondent Bank.
Petitioner has admittedly obtained loan from respondent Bank. He has
committed default in payment of the loan amount. This writ petition has
been filed against the recovery proceedings initiated for realization of the
bank dues.
Counsel for the petitioner submits that he is ready and willing to deposit
the entire amount due, provided he is granted some reasonable time for
deposit of money. Counsel for the respondent Bank agrees to deposit of
the money in installments to be fixed by this Court. In view of the
aforesaid, it is provided as follows :
(a) The petitioner shall deposit one fourth of the total amount demanded,
on or before 30th September, 2010.
(b) Within one week of the said deposit of money, petitioner shall make a
representation before the Bank furnishing the statement of account
including the money due up to date.
(c) The Branch Manager shall furnish a complete statement of account
within two weeks, thereafter.
(d) Petitioner shall deposit the balance outstanding amount shown in the
statement of account in three equal installments of three months each,
commencing from 01st December, 2010.
(e) Recovery proceedings against the petitioner shall remain in
abeyance up to 30th September, 2010 at the first instance and in case
payments are made, as indicated above, no coercive action shall be
taken against the petitioner in pursuance to the said recovery certificate.
In case of default in compliance of any of the conditions mentioned
above, the petitioner shall not be entitled to the benefits of this order and
it shall be open to the respondent bank to recover the balance amount in
accordance with law. If the deposits are made in terms of this order by
the petitioner, he shall not be liable to pay any recovery charges.
If the petitioner deposits 1/4th of the total amount demand by 30th
September, 2010, the Tractor of the petitioner shall be released in her
favour subject however to the fulfilment of the other conditions of this
order and further in case the tractor has not already been sold.
With the aforesaid observations, the writ petition is disposed of.
Dated : 11.08.10
VR/47635/10