Court No. - 36 Case :- WRIT - C No. - 48319 of 2010 Petitioner :- Roop Chandra Yadav Respondent :- State Of U.P. And Others Petitioner Counsel :- D.K. Tripathi Respondent Counsel :- C.S.C.,Shailendra Kumar Singh Hon'ble R.K. Agrawal,J.
Hon’ble Rajesh Chandra,J.
The petitioner has taken a loan amounting to Rs.1,00,000/- for running Tent
House business from the respondent No. 3 in the year 1997. The petitioner
has not been able to repay the amount of loan. The petitioner in paragraph 7
of the writ petition has stated that he is willing and prepared to pay the entire
amount in some easy instalments.
We have heard learned counsel for the petitioner as well as Sri Shailendra
Kumar Singh, Advocate representing the respondent No. 3.
Sri Shailendra Kumar Singh, learned counsel appearing for the respondent
No. 3, states that the bank has no objection if the entire amount is paid in 12
equal monthly instalments along with up to date interest.
In view of the willingness shown by the petitioner and not objected to by the
learned counsel for the bank, we as a last opportunity direct the petitioner to
deposit the entire outstanding amount along with up to date interest in 12
equal monthly instalments. The recovery proceedings pursuant to the notice
dated 15th May, 2010 filed as Annexure 3 to the writ petition shall initially
remain stayed for a period of one month and, if the petitioner deposits the first
instalment, in that event, the recovery proceedings shall remain stayed for a
further period of one month and so on in order to enable the petitioner to
deposit the remaining instalments.
In the event of default in depositing any of the instalments, the interim
protection granted by this Court shall stand automatically discharged and the
authorities will be at liberty to proceed in accordance with law. On deposit of
the entire amount as per the notice dated15th May, 2010 shall stand
withdrawn. The petitioner shall deposit the amount with the bank. The
amount already deposited shall be adjusted in the last instalment.
The writ petition stands disposed of.
Order Date :- 13.8.2010
mt