Court No. - 5
Case :- WRIT - C No. - 18777 of 2019 Petitioner :- Brijendra Mohan Dixit Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- P.H. Vashishtha Counsel for Respondent :- C.S.C.,Amrish Sahai
Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner, Sri Amrish Sahai, learned counsel for the respondent-Bank and learned Standing Counsel for the respondents.
By means of this petition, the petitioner has prayed for quashing of the impugned recovery certificate dated 02.02.2019 for Rs. 2,61,545/- + interest and other charges.
The petitioner has taken a loan for purchasing tractor and other equipment from the respondent-Bank. Due to default being committed by the petitioner recovery has been initiated.
Learned counsel for the petitioner submits that the petitioner is ready to deposit the entire amount within time fixed by the Court.
With the consent of learned counsel for the parties, the writ petition is disposed of finally by issuing following directions
(i). The petitioner shall pay an amount of Rs.75,000/- on or before 15.06.2019 as first instalment.
(ii). The second installment of Rs.1 lakh will be paid by the petitioner on or before 15.07.2019. After payment of 2nd installment, as indicated above, the respondent-Bank will provide complete statement of accounts to the petitioner within one week.
The petitioner thereafter will pay the entire amount so indicated in the statement of accounts by 14.08.2019. In default of any above conditions, this order automatically stands vacated. If the petitioner complies with the aforesaid conditions, no coercive action shall be taken against the petitioner for recovery of the said amount.
No recovery charges shall be recovered from the petitioner, if the petitioner complies the above conditions.
With the directions above, the writ petition is finally disposed of.
Order Date :- 29.5.2019 A.Kr.*