Court No. - 36 Case :- WRIT - C No. - 36918 of 2010 Petitioner :- Subhash Respondent :- State Of U.P. And Another Petitioner Counsel :- Jamwant Maurya Respondent Counsel :- C.S.C.,Shailendra Kumar Singh Hon'ble Sheo Kumar Singh,J.
Hon’ble Rajesh Chandra,J.
Heard learned counsel for the petitioner, learned counsel who appears for the
Bank and learned Standing Counsel.
Challenge in this petition is recovery proceeding by which a particular amount
is sought to be recovered from the petitioner.
Counsel for the petitioner has made statement at the bar that this is the first
writ petition against the recovery proceeding and this fact has also been stated
in the writ petition. Submission is that if reasonable time is allowed to pay the
amount sought to be recovered, petitioner may be able to pay the same and
irreparable injury on account of arrest and auction of property may be
avoided.
To the aforesaid, learned counsel appearing for Bank submits that intention of
the respondent bank has been never to cause any irreparable injury to the
loanee rather the loan amount was advanced with the purpose to improve the
petitioner’s future prospects and thus if for justifiable reason the amount in
terms of the agreement has not been paid and now petitioner has bonafide
intention to pay the amount within a reasonable time then if that liberty is
given, it will serve the interest of both sides i.e. petitioner may be saved from
the riggers of coercive process i.e. arrest, auction of the properties and at the
same time respondent bank will get its full amount with interest. Thus for
grant of reasonable time, if that is to advance justice, respondents may not
have any objection.
In view of aforesaid, this Court feels in the ends of justice that amount sought
to be recovered be permitted to be deposited.
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 in six equal instalments In calculating the arrears the
amount (if any) already paid will be adjusted.
ii) The first instalment may be deposited by 31st August,2010, second
instalment by 30th November, 2010, third by 28th February,2011 fourth by
31st May,2011, fifth by 31st August, 2011 and sixth by 30th November,2011.
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 the
recovery charges will not be recovered from the petitioner.
iii) During period of deposit 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.
iv) Petitioner may file an application for supply of statement of account along
with 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 not be operative and will not come in way
of recovery process in any manner, if any other writ petition has been filed
before this Court against the recovery proceeding for the loan amount.
vii) If any fact given from the side of the petitioner is found to be incorrect by
the 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 :- 28.6.2010
M.A.A.