Court No. - 36 Case :- WRIT - C No. - 40663 of 2010 Petitioner :- Praveen Kumar Respondent :- State Of U.P. And Others Petitioner Counsel :- Ram Raj Pandey Respondent Counsel :- C.S.C.,P.K. Tripathi Hon'ble Sheo Kumar Singh,J.
Hon’ble Rajesh Chandra,J.
Heard learned counsel for the petitioner, learned counsel who
appears for the Bank and learned Standing Counsel.
Challenge in this petition is recovery proceeding by which a
particular amount is sought to be recovered from the petitioner.
Counsel for the petitioner has made statement at the bar that this is
the first writ petition against the recovery proceeding and this fact
has also been stated in the writ petition. Submission is that if
reasonable time is allowed to pay the amount sought to be
recovered, petitioner may be able to pay the same and irreparable
injury on account of arrest and auction of property may be
avoided.
To the aforesaid, learned counsel appearing for Bank submits that
intention of the respondent bank has been never to cause any
irreparable injury to the loanee rather the loan amount was
advanced with the purpose to improve the petitioner’s future
prospects and thus if for justifiable reason the amount in terms of
the agreement has not been paid and now petitioner has bonafide
intention to pay the amount within a reasonable time then if that
liberty is given, it will serve the interest of both sides i.e. petitioner
may be saved from the riggers of coercive process i.e. arrest,
auction of the properties and at the same time respondent bank will
get its full amount with interest. Thus for grant of reasonable time,
if that is to advance justice, respondents may not have any
objection.
In view of aforesaid, this Court feels in the ends of justice that
amount sought to be recovered be permitted to be deposited.
Accordingly, this petition is disposed of with the following
directions :
i) Petitioner is to deposit an amount of Rs. 50,000/- directly in the
concerned bank within a period of one month from today to show
bonafide on his part.
ii) If petitioner deposits the above amount within the time so
allowed then he is permitted to deposit the remaining amount
directly in concerned Bank in three installments. In calculating the
arrears the amount (if any) already paid will be adjusted.
iii) The first installment may be deposited by 31st October, 2010,
second installment by 31st January, 2010, third by 30th
April,2011. These deposits may be made before the branch of the
Bank from where the loan was taken. In case installments are
deposited in the Bank then only half of the recovery charges will
be recovered from the petitioner.
iv) During period of deposit the recovery proceedings will be kept
in abeyance. In case petitioners defaults in depositing any of the
installments within the above stipulated time, it will be open to the
respondents to start recovery proceedings again by taking coercive
process at once.
v) Petitioner may file an application for supply of statement of
account alongwith 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.
vi) 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.
vii) It is clarified that this order will not be operative and will not
come in way of recovery process in any manner, if any other writ
petition has been filed before this Court against the recovery
proceeding for the loan amount.
viii) If any fact given from the side of the petitioners are found to
be incorrect by the bank authorities, it will be open for them to
move an application for modification/recall of the order.
With the aforesaid direction, writ petition stands disposed of.
Order Date :- 15.7.2010
Prabhat