Court No. - 36
Case :- WRIT - C No. - 36087 of 2018 Petitioner :- Arun Shukla Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Rahul Saxena Counsel for Respondent :- C.S.C.,Krishna Mohan Asthana
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the petitioner and Sri K.M.Asthana, learned counsel for the respondent-bank.
The present petition is an offshoot of the Writ-C No. 3462 of 2018 (Arun Shukla Vs. State of U.P.) which has been decided vide judgment and order dated 25.1.2018, whereunder the petitioner had agreed to repay the entire outstanding debts in easy instalments. In the instant petition, the petitioner contends that he has deposited the first installment as directed under the aforesaid judgment before 10.4.2018. The amount deposited by him is sufficient to hold that it was the first installment required to be deposited by him, however, the statement of account has not been provided to him and, as such, he is not aware of the correct amount of instalments to which he is further liable to pay as per the aforesaid direction.
It is admitted to the learned counsel for the respondent-bank that the statement of account has not been provided to the petitioner, rather the defence is that since the first condition of the judgment and order dated 25.1.2018 has not been complied with by the petitioner and, as such, the bank was not under obligation to provide him the statement of account. The petitioner has defaulted and is not entitled for any relief.
Having considered the said submissions and noticing that the second instalment was due on 10.10.2018, this Court is of the view that since the petitioner is ready and willing to pay the entire outstanding dues in the six monthly installments as directed by this Court, the dispute can be resolved by providing complete statement of account to the petitioner.
The bank is, therefore, directed to provide the statement of account to the petitioner within a period of two weeks from today. For the purpose, the petitioner shall present himself in the office of the Bank-Manager.
A written receipt of the statement of account received by the petitioner shall be obtained by the bank-Manager. After receipt of the statement of account, the petitioner would be under obligation to deposit the entire outstanding dues in remaining seven installments which he is required to deposit as per the judgment and order dated 25.1.2018. The installment already due, out of the seven installments, as per the aforesaid direction shall be deposited by the petitioner immediately after receipt of the statement of the account.
The present petition is, accordingly, disposed of.
Order Date :- 30.10.2018 Pratima