Court No. - 18
Case :- WRIT - C No. - 35672 of 2018 Petitioner :- Bihari Lal And 03 Others Respondent :- State Of U P And 03 Others Counsel for Petitioner :- Devendra Tiwari Deva Counsel for Respondent :- C.S.C.,Krishna Mohan Asthana
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners, Sri K.M.Asthana, learned counsel appearing for the bank and learned Standing Counsel for State respondents.
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.
By this writ petition, the petitioners has prayed for quashing impugned recovery citation dated 19.7.2017 for Rs. 16,82,788/-. The petitioners have jointly taken loan of Rs. 16,73,000/- in the year 2014. Due to default being committed by the petitioner, recovery has been initiated.
Learned counsel for the petitioners on the basis of averment contained in para 5 of the writ petition submits that against the impugned recovery citation petitioners have already deposited Rs. 4,18,100/-. He further submits that the petitioners are ready to deposit the entire outstanding amount within the time fixed by this Court.
Learned counsel appearing for the bank states that the bank is interested in realizing the entire amount alongwith interest. If the petitioners deposit the amount within the time allowed by this Court, no further action shall be taken against the petitioners by the bank.
On the facts and circumstances of the case and in the interest of justice, I dispose of this writ petition with the following directions:
1) The petitioners shall deposit an amount of Rs. 2,00,000/- by 25.12.2018. On depositing the aforesaid amount, the bank shall provide a statement of account within two weeks from the date of deposit after adjusting the amount, if any, already deposited by the petitioners. The outstanding amount shall be deposited by the petitioners in six equal quarterly installments.
2) First installment be paid on or before 25.03.2019 and thereafter within every three months. The amount shall be deposited by the petitioners in the bank. If the entire amount is deposited by the petitioners as directed above, no recovery charge shall be realized from the petitioners. In case of default in any of the conditions as mentioned above, the present order shall stand automatically vacated and recovery proceedings shall revive.
3) In case the petitioners are covered under any scheme for waiver of agricultural loan, he would be at liberty to move an appropriate application for availing the said benefit.
Order Date :- 26.10.2018 A.K.Srivastava