Court No. - 38 Case :- WRIT - C No. - 37193 of 2010 Petitioner :- Yashpal Singh And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- Pramod Narayan Shahi Respondent Counsel :- C.S.C.,Anamika Singh Hon'ble Shishir Kumar,J.
Heard learned counsel for the parties.
Petitioners state that they are prepared to repay the loan dues
provided they are extended facility to deposit the same in
installments. Respondents, represented by their counsel, have no
objection to the above.
In view of the above, we direct that the respondents, their agents,
servants, employees, officers etc. shall not proceed to recover the
loan amount in question or proceed with attachment / auction sale
etc. (subject matter of this writ petition) provided the petitioners
makes deposits as follows:-
1. Petitioners shall make an initial deposit of Rs.1,00,000/- by 31st
August, 2010.
2. Petitioners shall pay balance amount in 4 equal quarterly
installments on or before 30th of the relevant month; installment
period for computing 1st installment shall commence from the day
following the day when one month period referred in clause 1 shall
end.
3. Petitioners shall approach the Respondent-Bank in writing,
while paying 3rd installment and on so being approached, the
Bank shall furnish, within three weeks of receipt of request,
detailed account statement giving full particulars indicating all past
deposits and dues up to date, along with such documents as may be
claimed by the petitioners. Petitioners may file objection within
three weeks of receipt of account statement, bank shall
communicate decision in three weeks of receipt of objection, if
any, and the balance amount, if any, shall be deposited as 4th
installment as per direction of the Bank.
4. Any amount already deposited under above loan account shall
be duly adjusted and taken care of.
5. In case, petitioners makes payments as per schedule prescribed
above and complies with all the conditions contained therein, no
amount, as collection charges shall be recovered.
6. But in case petitioners commits default of any of the above
conditions, this order shall stand vacated automatically on the date
of default itself without further reference to the Court and
petitioners will become liable to pay collection charges also. If the
petitioners feels aggrieved against the calculations given in the
account statement they may seek his remedy without being
prejudiced by this order in any manner, as may be available in law.
Writ petition is disposed of finally subject to above directions.
No order as to costs.
Order Date :- 29.6.2010
Pr/-