Court No. - 21 Case :- WRIT - C No. - 1670 of 2010 Petitioner :- Anendra Pal Singh Respondent :- State Of U.P. & Others Petitioner Counsel :- Krishna Gopal Respondent Counsel :- C.S.C. Hon'ble V.K. Shukla,J.
Heard learned counsel for the petitioner and learned Standing Counsel
for the respondents.
Before this court Nainital Bank, Branch Rampur through its Branch
Manager, Branch Nainital, District Rampur is not represented by any
counsel. Learned Counsel for the petitioner submits that his client is
prepared to make the entire payment good in case instalments are
fixed.
As order has been passed, keeping in view of the interest of the bank
itself in case Bank in question is aggrieved by the order passed by this
court, then it would be open to the Bank, to approach this Court for
recall of the order passed.
Admittedly petitioner took loan to the tune of Rs. 90,000/- in the year
2004 for agricultural purposes out of which petitioner has not paid
substantial amount. Petitioner submits that he is ready to deposit
whole of the amount in easy installment.
At this stage without challenging correctness of amount sought to be
recovered a prayer has been made that if amount sought to be
recovered is permitted to be deposited in easy instalments deposit of
entire amount can be made.
Accordingly this petition is disposed of with the following directions:
(i) Petitioner may deposit the entire amount sought to be recovered
directly in concerned Bank/Samiti in six equal instalments. In
calculating the arrears the amount (if any) already paid will be
adjusted.
(ii) The first instalment may be deposited within two months from
today, and rest of instalments be deposited at the interval of two
months. These deposits may be made before the Branch of the Bank
from where the loan was taken. In case instalments are deposited in
the Bank then half of the recovery charges only be recovered from the
petitioner.
(iii) During period the recovery proceedings will be kept in abeyance. In
case petitioner defaults in depositing any of the instalments within the
above stipulated time it will be open to the respondents to start
recovery proceedings again by taking coercive process at once to
which the petitioner undertakes not to challenge.
(iv) Petitioner may file an application for supply of statement of account
alongwith the duly stamped self addressed envelope. In case any such
application is filed, the concerned branch of the Bank will give the
same to the petitioner after deposit of first instalment within fifteen
days.
(v) This order will not affect any auction if it has already taken place. In
that event the petitioner may take appropriate legal proceedings to set
aside the auction under U.P.Z.A & L.R. Act and Rules 1952 or file a
suit in accordance with law.
(vi) It is clarified that this order will be operative and will not come in
way of recovers process in any manner, if any, other writ petition has
been filed before this Court against the recovery proceeding for the
loan amount.
(vii) Property (agricultural land/tractor) belonging to the petitioner, if
attached in connection with recovery proceedings, will be released by
the concerned Tahsil authority (unless it has been auctioned) after
deposit of first instalment and further moment first instalment is paid
the applicant shall also be released.
(viii) if any fact given from the side of the petitioner is found to be
incorrect by bank authorities. It will be open for them to move an
application for modification/recall of the order.
With the aforesaid writ petition stands disposed of.
Order Date :- 18.1.2010
T.S.