Court No. - 35 Case :- WRIT - C No. - 41322 of 2010 Petitioner :- Kanhaiya Sharma Respondent :- State Of U.P. And Others Petitioner Counsel :- B.K. Mishra Respondent Counsel :- C.S.C.,S.D. Sahai Hon'ble Vineet Saran,J.
Hon’ble Ran Vijai Singh,J.
Heard learned counsel for the petitioner as well as learned
Standing Counsel appearing for respondents no. 1 to 3 and Sri S.D.
Sahai for the contesting respondent no. 4-Central Bank of India
and have perused the record. With consent of the learned counsel
for the parties, this writ petition is being disposed of at this stage
without calling for a counter affidavit.
The petitioner had taken a loan from the respondent-Bank in the
year 2005. Since there was default in payment of regular
installments, the recovery certificate dated 31.12.2009 for an
amount of Rs. 1,47,739/- plus interest and other charges has been
issued against the petitioner. Challenging the same, this writ
petition has been filed. Learned counsel for the petitioner states
that the petitioner is ready and willing to pay the entire amount due
from him, for which easy installments may be fixed by the Bank.
Learned counsel for the respondent-Bank states that in case if the
petitioner deposits about one fourth of the amount within six
weeks from today with the Bank, the respondent-Bank would be
prepared to reschedule the repayment of the balance amount in
easy installments.
Accordingly, with consent of the learned counsel for the parties,
this writ petition is finally disposed of with the direction that in
case if the petitioner deposits a sum of Rs. 25,000/- within six
weeks from today with the respondent-Bank and files an
application for fixation of installment of balance amount of loan,
the said application of the petitioner shall be considered
sympathetically and the bank shall fix six equal installments
spread over 18 months for payment of the balance amount which
the petitioner undertakes to pay. In case, if the petitioner deposits
the amount, as indicated above, the recovery citation issued against
the petitioner shall remain in abeyance. However, in case of
default of any of the installments, the recovery citation issued by
the Tehsildar shall stand automatically revived. If the payment is
made directly to the Bank, the State-authorities shall not realize
any collection charges.
With the aforesaid observations/ directions, this writ petition is
finally disposed of. No order as to costs.
Order Date :- 19.7.2010
abHiShEk