Prem Singh vs State Of U.P. & Ors. on 3 August, 2010

Allahabad High Court
Prem Singh vs State Of U.P. & Ors. on 3 August, 2010
Court No. - 21

Case :- WRIT - C No. - 45178 of 2010

Petitioner :- Prem Singh
Respondent :- State Of U.P. & Ors.
Petitioner Counsel :- A.K.S. Bais
Respondent Counsel :- C.S.C,B.N. Singh

Hon'ble V.K. Shukla,J.

Heard learned counsel for the petitioner and Sri B.N. Singh, Advocate for
respondent-Bank.

It has been contended on behalf of the petitioner that the petitioner is not claiming
any benefit under the Debt Waiver Relief Scheme, 2008, and whatever amount is
sought to be recovered, qua the same the petitioner is ready to the same along with
interest provided installment 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 had taken loan and said amount could not be repaid as per
schedule fixed. Petitioner has further stated that his mother is no more and auction
proceedings, which were sought to be initiated by the concern bank , same has not
taken place. Petitioner is expressing his explanation to make entire payment good, if
installment facility is extended to him.

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 installments deposit of entire amount 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 installments. 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
SRY

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