Court No. - 10
Case :- WRIT - C No. - 23814 of 2021 Petitioner :- Chandrapal Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Deepak Singh Yadav,Sanjay Yadav Counsel for Respondent :- C.S.C.,Satish Chaturvedi
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the petitioner and Sri Pradeep Kumar Srivastava, Advocate holding brief of Sri Satish Chaturvedi, learned counsel for the Respondent-Bank and also the learned Standing Counsel for the State-Respodents.
It is stated that the petitioner had taken a loan for agricultural use but the same could not be repaid as per the terms of agreement. A recovery notice for a sum of Rs.4,07,812/- along with the interest of 12.50 per cent has been issued against the petitioner. This writ petition has been filed with the averment that petitioner is ready and willing to deposit the amount, in case, he is permitted to do so in easy installments.
Having regard to the fact that the petitioner has offered to pay the entire amount due against him, in my view, the ends of justice require that the petitioner be granted opportunity to deposit the entire outstanding amount due against him in the following manner. The Bank has also agreed to accept the amount payable.
(i) Petitioner shall deposit 25% of the amount sought to be recovered within a period of two months from today with the respondent Bank.
(ii) In case the amount, as indicated above, is deposited by the period prescribed, the respondent Bank shall provide a fresh schedule for re-payment of balance amount, after adjusting the amount already deposited. That amount shall thereafter be deposited in four equal instalments in a period of two years. Statement of account shall also be furnished to the petitioner.
(iii) No recovery charges shall be recovered from the petitioner by the respondent authorities.
(iv) Till the period prescribed for depositing the aforesaid amount and thereafter during the period of deposit of instalments, the recovery proceedings will be kept in abeyance. In case, the petitioner default in depositing the initial amount or thereafter instalments within the stipulated period, it will be open for the respondents to start recovery proceedings against the petitioner.
With the aforesaid observations/directions, the writ petition stands disposed of. No order as to costs.
Order Date :- 23.9.2021 Siddhant