Court No. - 39
Case :- WRIT - C No. - 2226 of 2019 Petitioner :- Amir Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Harish Chandra Counsel for Respondent :- C.S.C.,Satish Chaturvedi
Hon'ble B. Amit Sthalekar,J. Hon'ble Suresh Kumar Gupta,J.
Heard Shri Harish Chandra, learned counsel for the petitioner, learned standing counsel for the respondents no. 1 and 3 and Shri Satish Chaturvedi, learned counsel appearing for the respondent no. 2.
The petitioner is seeking quashing of the recovery citation dated 6.12.2018 whereby a sum of Rs.2,20,577/- plus interest is sought to be recovered from the petitioner. Briefly stated the facts of the case are that the petitioner took a loan of Rs.4,00,000/- from the respondent Bank on 4.11.2009 and the same was to be repaid in 60 equal instalments of Rs.8,719/- per month with interest at 12.65% per month.
Shri Satish Chaturvedi, learned counsel for the respondent Bank however states that 20 cheques were issued by the petitioner towards repayment of loan of which one cheque has bounced. The petitioner states that he is ready and willing to pay the remaining amount of loan.
We therefore, dispose of this writ petition with a direction that if the petitioner appears before the Respondent no. 2-Branch Manager, State Bank of India, Main Branch Building, Samad Road, Aligarh on 31.1.2019 at 11.00 A.M. along with his representation and a certified copy of this order, the Respondent no.2 shall consider the same and after granting the petitioner an opportunity of hearing decide the said representation, in accordance with law, within a further period of one week.
Subject to the petitioner complying with the direction given hereinabove, the recovery in pursuance of the impugned recovery citation dated 6.12.2018 shall remain in abeyance and shall be subject to any final order which may be passed by the respondent no.2.
It is made clear that the Court has not adjudicated the claim of the petitioner on merit.
Order Date :- 22.1.2019 o.k.