Court No. - 10 Case :- WRIT - C No. - 35126 of 2010 Petitioner :- Mulchand Respondent :- State Of U.P. & Others Petitioner Counsel :- Abhitab Kumar Tiwari Respondent Counsel :- C.S.C.,P.K. Singh Hon'ble Rakesh Sharma,J.
Heard learned counsel for the petitioners and learned counsel appearing for
the respondent Bank.
The contention of the petitioner is that due to some unavoidable
circumstances beyond his control, he could not deposit the amount of loan,
which he took from the respondent-Bank. Now they are willing to deposit the
same provided some easy installments are fixed by the Court. The learned
Standing Counsel appearing for the respondent Bank has no objection if the
petitioners are permitted to deposit the amount of loan in installments fixed by
the Court.
Taking into consideration the entire facts and circumstances of the case and
the submission made above, the writ petition is finally disposed of with the
direction to the petitioner to deposit the entire outstanding amount in six equal
monthly installments. The petitioner shall file an undertaking on affidavit
before the concerned Bank to deposit the installments in time. On the deposit
of the first installment, as directed, the impugned recovery against the
petitioner shall remain stayed till next installment becomes due. If the
petitioners go on depositing the next installments, no coercive steps including
attachment of house and sale of the house shall be carried out . In case of
default in depositing any of the installments, the stay order shall stand
automatically vacated and the respondents shall be at liberty to realize then
entire balance amount in accordance with law. Further, this order will have no
effect if the petitioner has earlier been granted an order of payment of loan in
installments by this Court and the petitioner has defaulted in payment of the
installments.
Order Date :- 16.6.2010
Bhaskar
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