Court No. - 21 Case :- WRIT - C No. - 47337 of 2010 Petitioner :- Udai Veer Singh Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Ashwini Kumar Singh Respondent Counsel :- C.S.C.,B.N. Singh Hon'ble Arun Tandon,J.
Heard learned counsel for the petitioner and learned counsel
on behalf of the respondent Bank.
Petitioner has admittedly obtained loan from respondent
Bank. He has committed default in payment of the loan
amount. This writ petition has been filed against the recovery
proceedings initiated for realization of the bank dues.
Counsel for the petitioner submits that he is ready and
willing to deposit the entire amount due, provided he is
granted some reasonable time for deposit of money.
Counsel for the respondent Bank agrees to deposit of the
money in installments to be fixed by this Court. In view of the
aforesaid, it is provided as follows :
(a) The petitioner shall deposit one fourth of the total amount
demanded, on or before 30th September, 2010.
(b) Within one week of the said deposit of money, petitioner
shall make a representation before the Bank furnishing the
statement of account including the money due up to date.
(c) The Branch Manager shall furnish a complete statement
of account within two weeks, thereafter.
(d) Petitioner shall deposit the balance outstanding amount
shown in the statement of account in three equal
installments of three months each, commencing from 01st
December, 2010.
(e) Recovery proceedings against the petitioner shall remain
in abeyance up to 30th September, 2010 at the first instance
and in case payments are made, as indicated above, no
coercive action shall be taken against the petitioner in
pursuance to the said recovery certificate.
In case of default in compliance of any of the conditions
mentioned above, the petitioner shall not be entitled to the
benefits of this order and it shall be open to the respondent
bank to recover the balance amount in accordance with law.
If the deposits are made in terms of this order by the
petitioner, he shall not be liable to pay any recovery charges.
With the aforesaid observations, the writ petition is disposed
of.
(Arun Tandon, J.)
Order Date :- 10.8.2010
Sushil/-