Court No. - 29 Case :- WRIT - C No. - 36708 of 2010 Petitioner :- Nepal Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- Sanjay Kumar Respondent Counsel :- C.S.C.,P.K. Singhal Hon'ble Arun Tandon,J.
Heard learned counsel for the petitioner and Sri P. K. Singhal on behalf of the
respondent Bank.
Petitioner has taken loan for agricultural purpose from the respondent Bank.
He has committed default in payment of the same.
This writ petition has been filed against the recovery proceedings initiated for
realization of the bank dues. Counsel for the petitioner submits that he is
ready and willing to deposit the entire amount due, provided he is granted
some reasonable time for deposit of money.
Counsel for the respondent Bank agrees to deposit of the money in
instalments to be fixed by this Court.
In view of the aforesaid, it is provided as follows:-
a. The petitioner shall deposit one fourth of the total amount demanded
on or before 31.07.2010
b. Within one week of the said deposit of money, petitioner shall make
an application before the Bank for furnishing the statement of account
up to date, along with certified copy of this order.
c. The Branch Manager shall furnish a complete statement of account
within two weeks thereafter.
d. Petitioner shall deposit the balance outstanding amount shown in the
statement of account in three equal installments of three months each,
commencing from 30.10.2010.
e. Recovery proceedings against the petitioner shall remain in abeyance
up to 30.07.2010 at the first instance and in case payments are made,
as indicated above no coercive action shall be taken against the
petitioner in pursuance to the said recovery certificate.
In case of default in compliance of any of the conditions mentioned above, the
petitioner shall not be entitled to the benefits of this order and it shall be open
to the respondent Bank to recover the balance amount in accordance with law.
If the deposits are made in terms of this order by the petitioner, he shall not be
liable to pay any recovery charges.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 25.6.2010
yachna