Court No. - 21 Case :- WRIT - C No. - 47661 of 2010 Petitioner :- Janardan Prasad Respondent :- State Of U.P. And Others Petitioner Counsel :- Virendra Kumar Shukla Respondent Counsel :- C.S.C.,P.K. Tripathi 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.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 11.8.2010
VR