Court No. - 33
Case :- WRIT - C No. - 15512 of 2018
Petitioner :- Bhorai And Another
Respondent :- Regional Branch Manager S.B.I. Azamgarh And 3 Others
Counsel for Petitioner :- Kamlesh Kumar Yadav
Counsel for Respondent :- Satish Chaturvedi,C.S.C.
Hon'ble Manoj Misra,J.
Heard learned counsel for the petitioners; the learned Standing Counsel for the State respondent no. 2; and Sri Vikas Mishra for the respondent no. 1, 3, and 4-bank.
This is a second petition of the petitioners. In the first petition i.e. Writ C No. 9647 of 2018, the petitioners had prayed for a direction upon the bank to supply statement of account, which was disposed of by order dated 04.04.2018 giving liberty to the petitioner to approach respondent-bank for supply of statement of account, upon which, the respondent-bank was required to provide statement of account within three days.
It appears that, upon request of the petitioners, the bank had supplied the statement of account but the petitioners are not satisfied with the amount, as demanded by the bank to be due. However, after some arguments, the learned counsel for the petitioners submitted that the petitioners are prepared to deposit the amount, as claimed, in installments.
Counsel for the Bank states that the anxiety of the Bank is that the amount is recovered back.
Accordingly this petition is disposed of with the following directions:
(i) Petitioners may deposit the entire amount sought to be recovered directly in concerned Bank in 8 quarterly installments.
(ii) The first installment shall be deposited by 30.5.2018 and the rest of installments shall be deposited at intervals of three months thereafter. These deposits shall be made with the Branch of the Bank from where the loan was taken.
(iii) Recovery proceedings during this period will be kept in abeyance. In case petitioners commit 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 petitioners undertake not to challenge.
(iv) Petitioners 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 petitioners 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 petitioners, if attached, in connection with recovery proceedings, will be released by the concerned Tehsil authority (unless it has already been auctioned) after deposit of first installment. However, unless the property has already been auctioned, no third property right shall be created by the petitioner in either mortagaged or hypothecated property till entire bank dues are cleared.
(vi) If the installments are deposited as per the schedule fixed in this order, the recovery of collection charges would remain in abeyance till such time the Collector takes a decision and determines the collection charges/fee payable as per the legal provisions and in the light of 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 petitioners upon which the petitioners would either deposit the same within a period of 30 days or, if not satisfied, would be at liberty to assail the same in appropriate proceedings.
Order Date :- 30.4.2018 Sunil Kr Tiwari