Court No. - 2
Case :- WRIT - C No. - 10807 of 2018 Petitioner :- Bheem Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sandeep Kumar Counsel for Respondent :- C.S.C.,Tarun Varma
Hon'ble Ram Surat Ram (Maurya),J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Tarun Varma counsel for the respondent-bank.
Learned counsel for the petitioner does not dispute the amount which is sought to be recovered from him.
Admittedly, the petitioner took loan from the respondent-Bank concerned out of which petitioner has not paid substantial amount. Petitioner submits that he is ready to deposit whole of the amount in easy installment. Learned counsel for the Bank states that the anxiety of the Bank is that the amount should be recovered back.
Accordingly this petition is disposed of with the following directions:
(i) Petitioner may deposit the entire amount sought to be recovered directly in concerned Bank in eight equal six monthly installments.
(ii) The first installment shall be deposited by 23.4.2018 and the rest of installments shall be deposited at interval of six months thereafter. These deposits shall be made before the Branch of the Bank from where the loan was taken.
(iii) Recovery proceedings during this period will be kept in abeyance. In case petitioner commits default in depositing any of the installments within the above stipulated time, it will be open to the respondents to start the recovery proceedings again by taking coercive process to which the petitioner undertake not to challenge.
(iv) Petitioner may file an application for supply of statement of account along with the duly stamped self addressed envelope. In case any such application is filed, the concerned branch of the Bank will give the same to the petitioner after deposit of the first installment within fifteen days and in calculating the arrears, the amount (if any) already paid will be adjusted.
(v) Property (agricultural land/tractor) belonging to the petitioner, if attached, in connection with recovery proceedings, will be released by the concerned Tehsil authority (unless it has been auctioned) after deposit of first installment and further as soon as the first installment is paid, the property (agricultural land/tractor) of the petitioner shall also be released.
(vi) In case all the installments are deposited as per the schedule fixed in this order, the recovery of the collection charges would remain in abeyance till such time the Collector decides the application that may be filed by the petitioner for determining collection charges/fee as per the legal provisions and also taking into consideration the Full Bench decision of this Court in the case of Maharajwa and others versus State of U.P. and others, reported in 2013(1) ADJ 426 (FB). Upon determination of collection charges/fee the Collector will communicate the same to the petitioner and upon communication of the same it would be open to the petitioner to either deposit the same within a period of 30 days or if not satisfied with the same may assail the order of the Collector in appropriate proceedings.
(vii) On deposit of first installment, the petitioner may file an application before the Branch Manager of the respondent- Bank for claiming benefit of UP Debt Relief Scheme 2017 within a period of two weeks. In case any such application is filed then Branch Manager shall forward the papers in this respect to the competent authority for deciding the application of the petitioner within one week and the competent authority shall pass an appropriate order in this respect within two months thereafter. In case the petitioner is found entitled for waiver of loan under UP Debt Relief Scheme 2017 then the amount for which he is entitled for waiver of loan, shall be adjusted equally in the later installments.
Order Date :- 23.3.2018 Rahul /-