Court No. - 28 Case :- WRIT - C No. - 37420 of 2010 Petitioner :- Kalyan Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- Satendra Kumar Upadhyaya Respondent Counsel :- C.S.C.,Siddharth Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the
State and Sri Siddharth learned counsel for the respondent-bank.
It is submitted by learned counsel for the petitioner that the petitioner is a
petty farmer and had taken agriculture loan of Rs.80,000/- from the
respondent-bank on 20.11.2005, but due to unavoidable circumstances, the
petitioner could not deposit the loan amount and now recovery citation of
Rs.1,03,351/- plus interest has been issued against the petitioner. Learned
counsel for the petitioner has further submitted that the petitioner is ready to
pay the entire outstanding loan amount alongwith interest in easy installments.
Sri Siddharth, learned counsel for the respondent-bank has no objection to
prayer made by learned counsel for the petitioner.
Considering the submissions made by learned counsel for the parties, the
present writ petition is finally disposed of with the following directions:-
(i) The petitioner shall pay the entire recovery amount due against him
alongwith interest to the respondent-bank in six equal installments. The Ist
installment shall be paid by the petitioner on or before Ist of August, 2010.
Subject to the deposit of Ist Installments on or before Ist August, 2010,
recovery proceedings against the petitioner shall be kept in abeyance
provided,
(ii) The remaining five installments shall be paid over by the petitioner at
regular interval of two months each starting from Ist October, 2010 with the
respondent bank.
In case of default in payment of any installments, as stated above, then interim
protection granted by this Court shall automatically stands vacated and the
respondent-bank shall be at liberty to realize the loan amount due against the
petitioner as per law.
Order Date :- 1.7.2010
S.Ali