Court No. - 38 Case :- WRIT - C No. - 37219 of 2010 Petitioner :- Ranveer Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- Brij Gopal Tripathi Respondent Counsel :- C.S.C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the parties.
Petitioner state that he is prepared to repay the loan dues provided
he is extended facility to deposit the same in installments.
Respondents, represented by their counsel, have no objection to
the above.
In view of the above, we direct that the respondents, their agents,
servants, employees, officers etc. shall not proceed to recover the
loan amount in question or proceed with attachment / auction sale
etc. (subject matter of this writ petition) provided the petitioner
makes deposits as follows:-
1. Petitioner shall make an initial deposit of Rs.50,000/- by 31st
October, 2010.
2. Petitioner shall pay balance amount in 4 equal quarterly
installments on or before 30th of the relevant month; installment
period for computing 1st installment shall commence from the day
following the day when one month period referred in clause 1 shall
end.
3. Petitioner shall approach the Respondent-Bank in writing, while
paying 3rd installment and on so being approached, the Bank shall
furnish, within three weeks of receipt of request, detailed account
statement giving full particulars indicating all past deposits and
dues up to date, along with such documents as may be claimed by
the petitioner. Petitioner may file objection within three weeks of
receipt of account statement, bank shall communicate decision in
three weeks of receipt of objection, if any, and the balance amount,
if any, shall be deposited as 4th installment as per direction of the
Bank.
4. Any amount already deposited under above loan account shall
be duly adjusted and taken care of.
5. In case, petitioner makes payments as per schedule prescribed
above and complies with all the conditions contained therein, no
amount, as collection charges shall be recovered.
6. But in case petitioner commits default of any of the above
conditions, this order shall stand vacated automatically on the date
of default itself without further reference to the Court and
petitioner will become liable to pay collection charges also. If the
petitioner feels aggrieved against the calculations given in the
account statement they may seek his remedy without being
prejudiced by this order in any manner, as may be available in law.
Writ petition is disposed of finally subject to above directions.
No order as to costs
Order Date :- 29.6.2010
Pr/-