W.P.No. 13477 / 2010
(Jairam Dwivedi .v. State of M.P. & three others)
05-10-2010
Shri D.K.Tripathi, learned counsel for the petitioner.
Shri Ashish Shroti, learned counsel for the respondent/bank.
The petitioner has filed this petition being aggrieved by the
seizure of his tractor and the amount/account being taken by the
respondent-bank towards recovery.
It is submitted by the learned counsel for the petitioner that
because of the severe drought in the district during the last five years
and failure of crops, the petitioner has been unable to repay the amount,
however, on receiving the impugned notice he has deposited
Rs.95,000/- in the tractor account and Rs.20,000/- in the Kissan Credit
Account. He submits that he undertakes to further deposit a sum of
Rs.25,000/- in the tractor account and submits that the respondent/bank
be directed to release the tractor forthwith to enable the petitioner to
perform the necessary agricultural activities so that he may repay the
loan. The petitioner further undertakes that he shall regularize both of
his accounts immediately by the end of the agricultural season i.e. by
May, 2011.
Shri Ashish Shroti, learned counsel who appears on advance
notice on behalf of the respondent/bank, opposes the prayer made by
the petitioner and prays that the petitioner be directed to make his
accounts regular.
In view of the aforesaid statement made by the learned counsel
for the petitioner the petition filed by the petitioner is disposed of with a
direction that in case, the petitioner furnishes a written undertaking
along with Rs.25,000/- and a proposal for further repayment before the
respondent/bank within one week from today, the respondent/bank shall
consider request of the petitioner for release of the tractor as well as the
proposal and the undertaking that shall be filed by the petitioner along
with his application for making the accounts regular by the next
agricultural season and shall take appropriate steps thereon, taking into
consideration the difficulties placed by the petitioner and the problems
pointed out by him in respect of severe drought etc.
With the aforesaid directions the petition filed by the petitioner
stands disposed of.
C.C. as per rules.
( R.S.Jha )
mct Judge