Court No. - 7
Case :- WRIT - C No. - 42866 of 2018 Petitioner :- Smt. Asha Devi @ Usha Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudhanshu Pandey Counsel for Respondent :- C.S.C.,Satish Chaturvedi
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Sudhanshu Pandey, learned counsel for the petitioner and Sri P.P. Srivastava, Advocate holding brief of Sri Satish Chaturvedi, learned counsel for the respondent-bank.
2. With the consent of learned counsel for the parties, this writ petition is being finally disposed of at this stage without calling for a counter affidavit.
3. By this writ petition, the petitioner has prayed for quashing the impugned recovery certificate dated 16.06.2018 of Rs. 3,09,229/- plus other charges.
4. The petitioner had taken a loan of Rs. 2,50,000/- for purchase of tractor in the year 2010. It is admitted to the petitioner that a default has been committed by her in making timely repayments of that loan. Consequently, recovery proceedings have been initiated against her.
5. Learned counsel for the petitioner submits that the petitioner is ready to deposit the entire recovery amount within the time fixed by this Court.
6. Learned counsel appearing for the bank fairly states that the bank is interested in realizing the entire amount alongwith interest. If the petitioner deposits the amount within the time allowed by this Court, no further action shall be taken against her by the bank.
7. On the facts and circumstances of the case and in the interest of justice, the writ petition is disposed of with the following directions:
(i) The petitioner shall deposit the entire amount due to the bank in six installments.
(ii) By way of first installment, the petitioner shall deposit Rs. 50,000/- on or before 15.01.2019.
(iii) On depositing the aforesaid amount of Rs. 50,000/-, the respondent bank shall provide a statement of account to the petitioner within two weeks' thereafter disclosing the exact amount disbursed by the bank as loan; exact amount/s repaid by the petitioner together with dates of deposit; rate of interest and amount/s of interest charged by the bank. Such statement be expressed in such terms/language as may be easy to comprehend even by a lay-man such as the petitioner.
(iv) The bank shall in the statement so supplied, itself calculate & indicate the amount/s of each remaining installment together with the date of payments due.
(v) Thus, the balance amount so indicated by the bank shall be deposited by the petitioner through the remaining five equal quarterly installments beginning 30.04.2019.
(vi) If the entire amount is deposited by the petitioner as directed above, no recovery charge shall be realized from the petitioner as admittedly, she is a farmer in default.
(vii) In case of default of the conditions as mentioned above, the present order shall stand automatically vacated and recovery proceedings shall revive from that stage.
(viii) With respect to the tractor which has been attached and repossessed by the respondent-bank, it is provided that subject to payment of Rs.50,000/- by way of first installment, the tractor may be given in the custody of the petitioner, only upon a written undertaking being furnished by the petitioner not to transfer the same till all dues of the bank are cleared. However, the attachment will continue to operate till all dues of the bank are discharged. All other properties of the petitioner that may have been attached shall continue under the attachment but may not be auctioned so long as the petitioner continues to comply with the terms of this order.
Order Date :- 20.12.2018 S.Chaurasia