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Allahabad High Court
Narendra Tiwari vs Allahabad Bank, Branch Kachnar … on 3 August, 2010
Court No. - 21

Case :- WRIT - C No. - 45408 of 2010

Petitioner :- Narendra Tiwari
Respondent :- Allahabad Bank, Branch Kachnar And Others
Petitioner Counsel :- H.L. Srivastava
Respondent Counsel :- C.S.C,P.N. Tripathi

Hon'ble V.K. Shukla,J.

Heard learned counsel for the petitioner and Sri P.N. Tripathi, Advocate for respondent-
Bank.

It has been contended on behalf of petitioner that petition is not claiming any benefit
under the Debt Waiver and Debt Relief Scheme-2008 and whatever amount is sought to
be recovered, qua the same the petitioner is ready to pay the same alongwith interest
provided instalment facility is extended.

Learned counsel for the Bank states that the anxiety of the Bank is that the amount
should be recovered back.

Admittedly petitioner took loan from the respondent-Bank concerned out of which
petitioner has not paid substantial amount. Petitioner submits that he is ready to
deposit whole of the amount is easy installment.

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.

(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.

Order Date :- 3.8.2010
Dhruv


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