Court No. - 90
Case :- WRIT - C No. - 42347 of 2019 Petitioner :- Bhopal Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prabhakar Dwivedi Counsel for Respondent :- C.S.C.,Rohit Yadav
Hon'ble Piyush Agrawal,J.
Heard Sri Prabhakar Dwivedi for the petitioner, Standing Counsel for State and Sri Rohit Yadav for respondent-Bank.
Supplementary affidavit filed today, is taken on record. The counsel for the petitioner is permitted to correct the date of recovery citation in the writ petition.
With the consent of learned counsel for the parties, this writ petition is being finally decided at this stage without calling for a counter affidavit.
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 installments. Learned counsel for the respondent-Bank states that the anxiety of the Bank is that the amount should be recovered back.
On the facts and circumstances of the case and in the interest of justice, the present writ petition is disposed of with the following directions:
(i) The petitioner shall deposit the entire amount due to the bank in five third monthly installments.
(ii) Petitioner shall deposit a sum of Rs. 1,00,000/- (One Lakh only) on or before 31st January, 2020. Thus the balance amount shall be deposited in four equal installments at the interval of three months i.e. on 30th April 2020, 31th July 2020, 31th October 2020, 31th January, 2021, respectively.
(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) If the entire amount is deposited by the petitioner as directed above, no recovery charges shall be realized from the petitioner.
(vi) If any fact stated by the petitioner is found to be incorrect, it will be open for the authorities to move an application for modification/recall of the order.
Order Date :- 19.12.2019 Rahul Dwivedi/-