Court No. - 27 Case :- MISC. BENCH No. - 162 of 2010 Petitioner :- Ved Prakash Verma S/O Late Hardayal Verma Respondent :- State Of U.P. Thru Home Secy. & Ors. Petitioner Counsel :- B.S. Patel Respondent Counsel :- C.S.C.,B.L. Verma Hon'ble Devi Prasad Singh,J.
Hon’ble S.C. Chaurasia,J.
Heard Sri B. S. Patel, learned counsel for petitioner and Sri B. L. Verma,
learned counsel for opposite party no.2.
Petitioner has taken a commercial loan for running speller in the year 1996.
On account of default in payment of the dues, the impugned citation of
recovery has been issued. It has been stated that petitioner has paid Rs.
37,407/-, but, according to impugned citation of recovery contained excessive
amount, more than what would be required in the facts and circumstances of
the case.
However, counsel for respondent stated that since 1996 to 2003, petitioner has
not paid any amount and on account of compound interest, the amount has
been increased to Rs. 89,000/- upto 15.11.2008.
Keeping in view the facts and circumstances of this case, it is provided that
respondent shall provide a statement of account with break-up of interest and
original to the petitioner within a period of one month. Thereafter, petitioner
shall pay the entire dues in six equal quarterly instalments. The first
instalment shall fall due in the month of April 2010. In the event of default in
payment, as stipulated above, it shall be open for the respondent to proceed
with the recovery p roceedings in accordance with law.
Subject to above, the writ petition is disposed of finally.
Order Date :- 11.1.2010
psd