Court No. - 30
Case :- WRIT - C No. - 8209 of 2021 Petitioner :- Amar Nath Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri Sanjay Kumar Singh, learned counsel for the petitioner, learned Standing Counsel for the respondents Nos.1 to 3-State and Sri Rakesh Mishra, learned counsel for the respondent No. 4-Bank.
Sri Rakesh Mishra, learned counsel for the respondent No.4-Bank submits that as on 01.07.2021, the total amount due from the petitioner is Rs.7,25,774/-.
Sri Sanjay Kumar Singh, learned counsel for the petitioner does not dispute the aforesaid amount.
Sri Sanjay Kumar Singh, learned counsel for the petitioner submits that he had taken a loan. The petitioner defaulted in payment of the loan installments. Learned counsel for the petitioner contends that he does not intend to contest the proceedings on merit and he is ready and willing to liquidate the entire outstanding liability provided he is permitted to do so in instalments.
Sri Rakesh Mishra, learned counsel for the respondent No.4-Bank does not have any serious objection to the aforesaid submission. He, however, submits that the petitioner should prove his bona-fide and ability to pay by depositing some amount within 30 days.
Before proceeding to consider the prayer granting installment, the petitioner has to establish his bona- fide. He has to show that not only he is ready but also in a position to clear off the entire dues.
In view of the submissions made by learned counsel at the bar, the recovery proceedings against the petitioner shall remain stayed subject to the following conditions:
1. The petitioner shall deposit a sum of Rs.1,25,774/- within a period of 30 days from today before the respondent-Bank. Rest of the amount shall be deposited in four equal three monthly instalments.
2. The first instalment amounting to Rs.1,50,000/- shall be deposited by the petitioner on 1st November, 2021. Second instalment amounting to Rs.1,50,000/- shall be deposited by the petitioner on 1st February, 2022. Third instalment amount to Rs.1,50,000/- shall be deposited by the petitioner on 1st May, 2022 and the last installment amounting to Rs.1,50,000/- shall be deposited by the petitioner on 1st August, 2022.
3. Before the last installment i.e. 1st August, 2022, the respondent Bank shall issue a chart indicating updated accrued interest payable by the petitioner.
4. The amount of interest, so provided to the petitioner by the Bank, shall be deposited by the petitioner along with the last installment of Rs.1,50,000/- on 1st August, 2022.
The recovery proceedings against the petitioner shall remain stayed provided the above mentioned directions are complied with by the petitioner.
It is made it clear that in case violation of above directions or in the event of default in payment of any of the installments as directed aforesaid, this order shall stand automatically vacated without recourse to this Court. The respondent Bank will be at liberty in such situation to initiate recovery proceedings in accordance with law.
It is further provided that in case the entire amount is deposited in the manner aforesaid, the recovery charges against the petitioner shall be dropped.
The writ petition is finally disposed of.
Order Date :- 30.7.2021 Ashish Tripathi