Court No. - 33 Case :- WRIT - C No. - 36573 of 2010 Petitioner :- Ram Swaroop Respondent :- State Of U.P. And Others Petitioner Counsel :- A.K.S. Bais Respondent Counsel :- C.S.C.,T.S. Rai Hon'ble Ran Vijai Singh,J.
Heard learned counsel for the petitioner, learned Standing Counsel, appearing
for respondents No. 1 and 2 and Shri T.S. Rai, learned counsel appearing for
respondent Bank.
Learned counsel for the petitioner submits that petitioner had taken loan from
the respondent Bank for agricultural purpose, but it could not be deposited as
per terms of the agreement.
Learned counsel for the parties are agreed for final disposal of the writ
petition at this stage without exchange of affidavits as the petitioner has not
disputed the amount of recovery and is ready to pay the amount in
instalments.
After hearing the learned counsel for the parties, the writ petition is disposed
of with the following directions.
(i) The recovery proceeding initiated against the petitioner shall remain stayed
subject to satisfaction of the following conditions:-
(a) The petitioner shall approach respondent Bank along with certified copy of
the order within a period of three weeks from today and the Bank shall fix
eight three-monthly equal instalments after adjusting the amount which has
already been deposited by the petitioner towards the amount due within a
further period of one month from the date of receipt of certified copy of the
order of this Court and intimate the same to the petitioner within a week
thereafter.
(b) After fixation of instalments by the Bank, the respective instalments be
deposited by the petitioner on the date fixed by the Bank.
(c) In case of default in deposit on the date fixed by the Bank, the defaulted
amount be deposited on the date fixed for depositing next instalment.
(d) Even after depositing the amount as indicated above, if any amount
remains due, then that shall be deposited by the petitioner on the date fixed by
the Bank for depositing the last instalment.
(e) In case of three defaults with respect to the payment as per schedule fixed
by the Bank, the recovery would stand revive and the respondents may
proceed in accordance with law to recover the amount due against the
petitioner.
(f) In case of satisfactory deposit with the Bank as indicated above, no
recovery charge shall be realized from the petitioner.
Subject to above observations, the writ petition is disposed of.
Order Date :- 24.6.2010
AKSI