Court No. - 10
Case :- WRIT - C No. - 16125 of 2021 Petitioner :- Bharat Veer Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohit Kumar Singh,Sujata Choudhary Counsel for Respondent :- C.S.C.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the petitioner, learned Standing Counsel and Sri Ambrish Sahai, learned counsel appearing for the respondent-bank.
It is stated that the father of the petitioner had taken a loan for agricultural use but the same could not be repaid as per the terms of agreement. A recovery certificate for a sum of Rs.33,62,920/- and other expenses had been issued against the petitioner. This writ petition has been filed with the averment that petitioner is ready and willing to deposit the amount, in case he is permitted to do so in easy installments.
Having regard to the fact that the petitioner has offered to pay the entire amount due against him, in my view, the ends of justice require that the petitioner be granted opportunity to deposit the entire outstanding amount due against him in the following manner. The Bank has also agreed to accept the amount payable.
(i) Petitioner shall deposit 25% of the amount sought to be recovered within a period of two months from today with the respondent Bank.
(ii) In case the amount, as indicated above, is deposited by the period prescribed, the respondent Bank shall provide a fresh schedule for re-payment of balance amount, after adjusting the amount already deposited. That amount shall thereafter be deposited in four equal instalments in a period of one year. Statement of account shall also be furnished to the petitioner.
(iii) No recovery charges shall be recovered from the petitioner by the respondent authorities.
(iv) Till the period prescribed for depositing the aforesaid amount and thereafter during the period of deposit of instalments, the recovery proceedings will be kept in abeyance. In case the petitioner defaults in depositing the initial amount or thereafter instalments within the stipulated period, it will be open for the respondents to start recovery proceedings against the petitioner.
With the aforesaid observations/directions, the writ petition stands disposed of. No order as to costs.
Order Date :- 29.7.2021 GS (Siddhartha Varma, J.)