Court No. - 32
Case :- WRIT - C No. - 38977 of 2019 Petitioner :- Amar Nath Chaubey And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Harindra Prasad Counsel for Respondent :- C.S.C.,Gyan Prakash Shrivastava
Hon'ble Shashi Kant Gupta,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioner, Sri Gyan Prakash Shrivastava, learned counsel for the respondent Bank and learned Standing Counsel for the State respondents.
Learned counsel for the petitioners does not dispute the amount which is sought to be recovered from them.
Admittedly, the petitioners took loan from the respondent-Bank concerned out of which petitioners have not paid substantial amount.
Learned counsel for the petitioners submits that the petitioners are ready to deposit the entire amount in easy instalments. Learned counsel for the Bank states that the anxiety of the Bank is that the amount should be recovered back and has no objection if the instalments are fixed in the matter by this Court.
Accordingly, this writ petition is disposed of with the following directions:
(i) Petitioners shall deposit a sum of Rs. 1,00,000/- (rupees one lac only) on or before 31.12.2019 with the concerned bank and the rest of the outstanding amount shall be deposited in four equal instalments at the interval of two months i.e. on 29.2.2020, 30.4.2020, 30.6.2020 and 31.8.2020 respectively.
These deposits shall be made before the Branch of the Bank from where the loan was taken.
(ii) Recovery proceedings during this period shall remain in abeyance. In case petitioners commit default in depositing any of the aforesaid instalments within the stipulated period of time, it will be open to the respondents to start the recovery proceedings again by taking coercive process.
(iii) Petitioners may file an application for supply of statement of account along with the duly stamped self addressed envelope. In case any such application is filed, the concerned branch of the Bank will give the same to the petitioners after deposit of the first instalment within fifteen days and in calculating the arrears, the amount (if any) already paid will be adjusted.
(iv) If any fact stated by the petitioners are found to be incorrect, it will be open for the bank authorities to move an application for modification/recall of the order.
(v) In case all the instalments are deposited as per the schedule fixed, the petitioners may approach the Collector concerned for waiving the recovery charges. In the event such an application is filed, it shall be dealt with in accordance with law by the authority concerned.
Order Date :- 28.11.2019 vinay