Court No. - 10
Case :- WRIT - C No. - 7112 of 2021 Petitioner :- Abhinav And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ghazala Bano Quadri Counsel for Respondent :- C.S.C.,Sudha Pandey
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the parties.
It is stated that the father of the petitioner no.1 and the husband of the petitioner no.2 had taken a loan for agricultural use but the same could not be repaid as per the terms of agreement. A joint recovery notice for a sum of Rs.15,03,278/- and other expenses has been issued against the petitioners who are the legal heirs and representatives of the borrower. Two citations to appear were issued for Rs.4,72,981/- and Rs.10,30,897/-. This writ petition has been filed with the averment that petitioners are ready and willing to deposit the amount, in case they are permitted to do so in easy installments.
Having regard to the fact that the petitioners have offered to pay the entire amount due against them, in my view, the ends of justice require that the petitioners be granted opportunity to deposit the entire outstanding amount due against them in the following manner. The Bank has also agreed to accept the amount payable.
(i) Petitioners shall deposit a sum of Rs.2,00,000/- within a period of two months from today with the respondent Bank.
(ii) In case the amount, as indicated above, is deposited by the period prescribed, the respondent Bank shall provide a fresh schedule for re-payment of balance amount, after adjusting the amount already deposited. That amount shall thereafter be deposited in eight equal instalments in a period of two years. Statement of account shall also be furnished to the petitioners.
(iii) No recovery charges shall be recovered from the petitioners by the respondent authorities.
(iv) Till the period prescribed for depositing the aforesaid amount and thereafter during the period of deposit of instalments, the recovery proceedings will be kept in abeyance. In case the petitioners default in depositing the initial amount or thereafter instalments within the stipulated period, it will be open for the respondents to start recovery proceedings against the petitioners.
With the aforesaid observations/directions, the writ petition stands disposed of. No order as to costs.
Order Date :- 29.7.2021 Siddhant