Court No. - 21 Case :- WRIT - C No. - 39084 of 2010 Petitioner :- Shri Pal And Others Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Akhtar Ali Respondent Counsel :- C.S.C.,Tarun Verma Hon'ble V.K. Shukla,J.
Heard learned counsel for the petitioner and Sri Tarun Verma, Advocate for
respondent-Bank.
It has been contended on behalf of petitioner that petition is not claiming any
benefit under the Debt Waiver and Debt Relief Scheme-2008 and whatever
amount is sought to be recovered, qua the same the petitioner is ready to the
same alongwith interest provided instalment 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 took loan from the respondent-Bank concerned out of
which petitioner has not paid substantial amount. Petitioner submits that he is
ready to deposit whole of the amount is easy installment.
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 instalments deposit of entire amount
alongwith interest due till date 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 instalments. 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 :- 8.7.2010
Dhruv
