Court No. - 18
Case :- WRIT - C No. - 34854 of 2018 Petitioner :- Abdul Hamid Respondent :- Director Purvanchal Bank And 02 Others Counsel for Petitioner :- Awadhesh Kumar Yadav Counsel for Respondent :- Amrish Sahai
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner; Sri Amrish Sahai, learned counsel appearing for the respondent-Bank and Shri Sanjay Kumar Singh, learned Standing Counsel for State respondents.
With the consent of learned counsel for the parties, this writ petition is being finally decided at this stage without calling for a counter affidavit.
By this writ petition, the petitioner has prayed for a mandamus directing the respondent bank to provide correct statement of account to the petitioner after adjusting entire deposited amount by the petitioner in his loan account and to accept the remaining loan amount in installments. The petitioner has taken loan of Rs. 10,00,000/- in the year 2011. Due to default being committed by the petitioner, recovery for Rs. 10,11,262/- has been initiated.
Learned counsel for the petitioner submits that the petitioner is ready to deposit the entire amount within the time fixed by this Court.
Learned counsel appearing for the bank 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 the petitioner by the bank.
On the facts and circumstances of the case and in the interest of justice, I dispose of this writ petition with the following directions:
1) The petitioner shall deposit an amount of Rs.2,00,000/- by 11.12.2018. On depositing the aforesaid amount, the bank shall provide a statement of account within two weeks from the date of deposit after adjusting the amount, if any, already deposited by the petitioner. The outstanding amount shall be deposited by the petitioner in four equal quarterly installments.
2) First installment be paid on or before 11.03.2019 and thereafter within every three months. The amount shall be deposited by the petitioner in the bank. If the entire amount is deposited by the petitioner as directed above, no recovery charge shall be realized from the petitioner. In case of default in any of the conditions as mentioned above, the present order shall stand automatically vacated and recovery proceedings shall revive.
3) In case the petitioner is covered under any scheme for waiver of agricultural loan, he would be at liberty to move an appropriate application for availing the said benefit.
Order Date :- 12.10.2018 A.K.Srivastava