Court No. - 21 Case :- WRIT - C No. - 48100 of 2010 Petitioner :- Ram Autar Respondent :- State Of U.P. And Others Petitioner Counsel :- Jai Singh Respondent Counsel :- C.S.C.,P.N. Tripathi Hon'ble Arun Tandon,J.
Heard learned counsel for the petitioner and learned counsel on
behalf of the respondent Bank.
Petitioner has admittedly obtained loan from respondent Bank.
He has committed default in payment of the loan amount. 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 installments
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 30th September, 2010.
(b) Within one week of the said deposit of money, petitioner shall
make a representation before the Bank furnishing the statement
of account including the money due up to date.
(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 01st December, 2010.
(e) Recovery proceedings against the petitioner shall remain in
abeyance up to 30th September, 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 :- 12.8.2010
VR