Court No. - 7
Case :- WRIT - C No. - 37488 of 2018 Petitioner :- Ashok Dhar Dwivedi Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Rajendra Prasad Tiwari,Smt Alpana Tiwari,Vinay Kumar Tiwari Counsel for Respondent :- A.S.G.I.,C.S.C.,Krishna Mohan Asthana
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the petitioner and Mr. Y.K. Narayan, Advocate, holding brief of Mr. K.M. Asthana, learned counsel for respondent nos. 3 and 4 - bank.
2. With the consent of learned counsel for the parties, this writ petition is being disposed of at this stage without calling for a counter affidavit.
3. By this writ petition, the petitioner has prayed for quashing the impugned recovery certificate/citation dated 30.08.2018/27.09.2018 (Annexue-4) issued by respondent no. 2 for recovery of Rs. 6,34,035/- plus interest.
4. The petitioner had taken loan of Rs. 4,71,636/- by way of two separate loans for agricultural purposes in the year 2014. It is admitted to the petitioner that a default has been committed by him in making timely repayments of that loan. Consequently recovery proceedings have been initiated against him.
5. Learned counsel for the petitioner submits that there is a manifest error on part of the bank in issuing recovery certificate, inasmuch as, according to the statement of account issued by the bank on 04.10.2018, total balance outstanding against the petitioner's account was Rs. 4,00,351.61 only. It is, thus, submitted that the respondent bank is seeking recovery in excess of the due amount.
6. Even if the assertion made by learned counsel for the petitioner is accepted in its entirety, still, it is not disputed that a sum of more than Rs. 4,00,000/- is due against the petitioner.
7. Accordingly, the present writ petition is disposed of with the following directions:
(i) The petitioner shall deposit a sum of Rs. 1,00,000/- on or before 31 December 2018 directly to respondent no.4, who shall issue statement of account to the petitioner stating the final amount due against the petitioner.
(ii) Upon such statement is issued within a period of one week from the date of deposit of Rs. 1,00,000/- by the petitioner, the petitioner may file an objection to the same within a period not exceeding two weeks from the date of issuance of the statement of account.
(iii) The objection so filed by the petitioner may be decided by the bank by a reasoned order within a period of three months therefrom.
(iv) In the meanwhile, the petitioner shall continue to deposit a sum of Rs. 1,00,000/- each on or before 31 March 2019, 30 June 2018 and 30 September 2019 respectively.
(v) The balance amount, if any, as may become due to be recovered from the petitioner upon his representation/objection being decided, would be deposited by the petitioner on or before 31 December 2019.
(vii) In case of default of the conditions as mentioned above, the present order shall stand automatically vacated and recovery proceedings shall revive from that stage.
Order Date :- 27.11.2018 AHA