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Allahabad High Court
Mewa Lal And Others vs State Of U.P. And Others on 29 January, 2010
Court No. - 27

Case :- WRIT - C No. - 66145 of 2008

Petitioner :- Mewa Lal And Others
Respondent :- State Of U.P. And Others
Petitioner Counsel :- V.K. Shukla,M.K.Mishra
Respondent Counsel :- C.S.C.,A.K. Mishra


Hon'ble Sibghat Ullah Khan,J.

Heard learned counsel for the petitioners and Sri K.K. Mishra, learned
counsel for the respondent Bank.

Petitioners took some loan and defaulted in its payment. Recovery
proceedings were initiated. They filed several writ petitions. However, they
were not guilty of concealment of facts. In the second writ petition, detail of
the first writ petition was given and in the third writ petition, detail of earlier
two writ petitions were given. Ultimately, the respondent Bank granted
benefit of waiver scheme to the petitioners. In that regard letter was issued by
the Bank to the petitioners on 17.04.2009, however petitioners did not avail
benefit of the said waiver and did not deposit the remaining amount. The
waiver was to the extent of Rs.63,000/- and odd. Even the reduced amount of
Rs.1,24,000/- has not yet been deposited by the petitioners and even today
time is being sought to deposit the said amount in installments. It has been
stated that an amount of Rs.33000/- has been deposited in November, 2009. A
person is not entitled to the benefit of waiver scheme if he does not deposit
even the reduced amount. The waiver was dependent upon the deposit of the
remaining amount which has not been deposited, completely till date.
Accordingly, petitioners are no more entitled to waiver granted through order
dated 17.04.2009. Let the entire due amount be recovered from the
petitioners.

Writ petition is disposed of.

Order Date :- 29.1.2010
NLY


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