Court No. - 36 Case :- WRIT - C No. - 48184 of 2010 Petitioner :- Sanjeev Kumar Respondent :- State Of U.P. And Others Petitioner Counsel :- Sanjay Respondent Counsel :- C.S.C.,R.B. Sahai Hon'ble R.K. Agrawal,J.
Hon’ble Rajesh Chandra,J.
The petitioner had taken a loan of Rs. 1,80,000/- from State Bank of
India, Branch Khair, District-Aligarh. He had paid a sum of Rs.
80,000/- on various date. The petitioner has not been able to repay the
amount of loan for which imugned citation dated 10.7.2010 to appear
notice has been issued for a sum of Rs. 1,92,000 +CC+PF.
Sri R.B. Sahai, learned counsel for the Bank 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 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 citation dated 10.7.2010 filed as Annexure 1 to the writ
petition shall initially remains 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 citation dated 10.7.2010 shall
stand withdrawn. The petitioner shall deposit the amount with the bank.
The petitioner shall also be liable to deposit 50% of the collection
charges with the respondent No. 4 after the entire amount is deposited
and before the withdrawal of recovery. The amount already deposited
shall be adjusted in the last instalment.
The writ petition stands disposed of.
Order Date :- 12.8.2010
Prabhat