Court No. 21
Civil Misc. Writ Petition No. 41257 of 2010
Mahaveer Singh
Versus
State of U.P. and others
Hon'ble V.K.Shukla,J
in the present case this is accepted position is that petitioner had
taken loan alongwith Mahesh Chandra Gupta as well as Abhilakh Singh.
Petitioner has tried to contend before this Court as far as he is concerned he
has already repaid his part of the obligation and as far as Mahesh Chandra
Gupta as well as Abhilakh Singh, they are not discharging their part of the
obligation. In this background petitioner has contended that he has also
filed suit being Suit No. 169 of 2010 and therein on the injunction
application which has been moved order dated 30.04.2010 has been passed
directing for compliance of provision as contained under Order 39 Rule 3
C.P.C. At this juncture present writ petition in question has been filed
questioning the validity of the recovery proceeding.
Once loan amount in question had been taken jointly and severally
then as far as recovery is concerned same will proceed jointly and severally
then there is no shortcoming in the recovery proceedings so undertaken.
In the facts and circumstances of the case as far as recovery
proceeding is concerned qua the same no interference is being made.
Present writ petition is dismissed.
After the above order has been passed learned counsel for the
petitioner contended that he is ready to repay entire amount alongwith
interest due towards petitioner.
Counsel for the Bank has no objection in said deposit.
At this stage without challenging correctness of amount sought to be
recovered a prayer has been made that if amount sought to be recovered is
permitted to be deposited in easy instalments deposit of entire amount
alongwith interest due till date can be made.
Accordingly this petition is disposed of with the following directions:
(i) Petitioner may deposit the entire amount sought to be recovered directly
in concerned Bank/Samiti in six equal instalments. In calculating the arrears
the amount (if any) already paid will be adjusted.
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(ii) The first instalment may be deposited within two months from today,
and rest of instalments be deposited at the interval of two months. These
deposits may be made before the Branch of the Bank from where the loan
was taken. In case instalments are deposited in the Bank then half of the
recovery charges only be recovered from the petitioner.
(iii) During period the recovery proceedings will be kept in abeyance. In
case petitioner defaults in depositing any of the instalments within the
above stipulated time it will be open to the respondents to start recovery
proceedings again by taking coercive process at once to which the petitioner
undertakes not to challenge.
(iv) Petitioner may file an application for supply of statement of account
alongwith the duly stamped self addressed envelope. In case any such
application is filed, the concerned branch of the Bank will give the same to
the petitioner after deposit of first instalment within fifteen days.
(v) This order will not affect any auction if it has already taken place. In that
event the petitioner may take appropriate legal proceedings to set aside the
auction under U.P.Z.A & L.R. Act and Rules 1952 or file a suit in accordance
with law.
(vi) It is clarified that this order will be operative and will not come in way of
recovers process in any manner, if any, other writ petition has been filed
before this Court against the recovery proceeding for the loan amount.
(vii) Property (agricultural land/tractor) belonging to the petitioner, if
attached in connection with recovery proceedings, will be released by the
concerned Tahsil authority (unless it has been auctioned) after deposit of
first instalment and further moment first instalment is paid the applicant
shall also be released.
(viii) if any fact given from the side of the petitioner is found to be incorrect
by bank authorities. It will be open for them to move an application for
modification/recall of the order.
With the aforesaid writ petition stands disposed of.
Dated 19th July, 2010
Dhruv