Anshuk Kumar vs State Of U.P. And Others on 23 June, 2010

Allahabad High Court
Anshuk Kumar vs State Of U.P. And Others on 23 June, 2010
Court No. - 33

Case :- WRIT - C No. - 36346 of 2010

Petitioner :- Anshuk Kumar
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Manoj Kumar Gautam
Respondent Counsel :- C.S.C.,R.B. Sahai

Hon'ble Ran Vijai Singh,J.

Heard learned counsel for the petitioner, learned Standing Counsel and Shri
R. B. Sahai for the respondent no.3.

Learned counsel for the petitioner submits that petitioner has taken loan from
the respondent bank for agricultural purpose but it could not be deposited as
per terms of the agreement due to poor earning from agricultural produce. It is
also contended that the petitioner has no other source of income except
income derived from agriculture.

Learned counsel for the parties are agreed for final disposal of the writ
petition at this stage without exchange of affidavit as the petitioner has not
disputed the amount of recovery and is ready to pay the amount in
installments.

After hearing counsel for the parties, the writ petition is disposed of with the
following directions:-

(i) The recovery proceeding initiated against the petitioner shall remain stayed
subject to satisfaction of the following conditions:-

(a) The petitioner shall approach respondent bank along with certified copy of
the order within a period of three weeks’ from today and the Bank shall fix
eight three monthly equal installments after adjusting the amount which has
already been deposited by the petitioner towards the amount due within a
further period of one month from the date of receipt of certified copy of the
order of this Court and intimate the same to the petitioner within a week
thereafter.

(b) After fixation of installments by the bank, the respective installments be
deposited by the petitioner on the date fixed by the Bank.

(c) In case of default in deposit on the date fixed by the Bank the defaulted
amount be deposited on the date fixed for depositing next installment.

(d) Even after depositing the amount as indicated above if any amount
remains due then that shall be deposited by the petitioner on the date fixed by
the bank for depositing the last installment.

(e) In case of three defaults with respect to the payment as per schedule fixed
by the Bank the recovery would stand revive and the respondents may
proceed in accordance with law to recover the amount due against the
petitioner.

(f) In case of satisfactory deposit with the Bank as indicated above no
recovery charge shall be realised from the petitioner.

Subject to the above observation the writ petition is disposed of.

Order Date :- 23.6.2010
Mustaqeem.

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