Court No. - 18 Civil Misc. Modification Application No. 70912 of 2017 In
Case :- WRIT - C No. - 54743 of 2016
Petitioner :- Baburam
Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Priyavrat Tripathi Counsel for Respondent :- C.S.C.,Tarun Varma
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant-respondent-Bank, learned Standing and learned counsel for the petitioner.
This is an application for modification of the order of this Writ Court dated 10th January, 2017 passed in the instant writ petition. Order dated 10th January, 2017 is being quoted herein below:
"Sri Tarun Varma, learned counsel for the respondent-Bank states that in compliance of the order dated 05.12.2016, statement of account has been given to the petitioner. He also submits that in response to the statement of account, the entire amount has been deposited by the petitioner, accordingly, the writ petition has become infructuous.
In view of the above, the writ petition is dismissed as infructuous."
In support of the modification application, learned counsel for the respondent-Bank states that the petitioner has approached this Court earlier by means of Writ-C No. 2589 of 2016 (Baburam vs. State of U.P. & 3 Others) seeking a writ of mandamus commanding the respondent-Bank to accept the loan amount in some easy installments. The writ petition was disposed of vide order dated 21st January, 2016 permitting the petitioner to deposit the loan amount in six quarterly equal installments. However, the petitioner has not complied with the order of the Writ Court at any point of time. It is further submitted that in the order dated 10th January, 2017, it has inadvertently been recorded that the petitioner has been given statement of account, in response thereof, the entire outstanding amount has been paid, while the petitioner has deposited only one installment. Therefore, the order is liable to be recalled/modified.
On the other hand learned counsel for the petitioner has stated that petitioner has approached this Court by means of the present writ petition for assailing the recovery notice issued by the Tehsildar, Tehsil Uun, District Shamli dated 17th February, 2016 in pursuance of the order of the Writ Court dated 21st January, 2016 referred to above on the ground that in order dated 21st January, 2016, the Court required the petitioner to deposit Rs. 50,000/- first and the respondent-Bank in turn required to supply statement of bank account to the petitioner, thereafter the petitioner was required to pay the the entire amount in six quarterly installments. The petitioner has deposited Rs. 50,000/- but the respondent-Bank has not supplied the statement of bank account to the petitioner due to which the petitioner could not comply with the order dated 21st January, 2016 in letter and in spirit. It is stated that for showing his baona fide, the petitioner has deposited total amount of Rs. 4,50,00/-. Learned counsel for the petitioner submits that if the respondent-Bank supplies the statement of bank account, the petitioner shall deposit all outstanding dues in easy installments, which this Court may direct in the interest of justice.
Learned counsel for the respondent-Bank however submits that against the total outstanding amount of Rs. 5,41,816/- along with interest, the petitioner has only deposited a meager amount of Rs. one lac. However, learned counsel for the respondent-Bank has no objection if the petitioner is directed to deposit the total outstanding dues in installments.
The record in question reflects that the petitioner has admittedly taken loan from the respondent-Bank for agricultural purposes and committed default in repayment of the same. However, considering the submissions made by the learned counsel for the parties and for serving the ends of justice, this Court provides that the respondent-Bank shall supply the statement of bank account to the petitioner within two weeks from the date a certified copy of this order is filed before the authority concerned. On receipt of the same, the petitioner shall deposit the total outstanding dues in three equal installments commencing from 15th May, 2018. The second installments shall be deposited on 16th September, 2018 and third shall be deposited on 16th January, 2019.
The order dated 10th January, 2018 is modified to the aforesaid extent. The application stand disposed of.
(M. C. Tripathi, J.)
Order Date :- 30.4.2018 Sushil/-