Court No. - 42
Case :- WRIT - C No. - 19030 of 2019 Petitioner :- Dayaram Ahirwar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamlesh Ratan Yadav Counsel for Respondent :- C.S.C.,Krishna Mohan Asthana
Hon'ble Ajay Bhanot,J.
Matter is taken up in the revised call. Sri Kamlesh Ratan Yadav, learned counsel for the petitioner is present. None has appeared on behalf of the respondent Bank. Though the name of counsel for the respondent Bank is shown in the shown list.
Sri Kamlesh Ratan Yadav, learned counsel for the petitioner submits that the petitioner is a farmer and he had taken an agricultural loan. Due to drought like condition in the Bundelkhand area, harvest was very poor. Consequently, the petitioner defaulted in the payment of loan amount. The respondent Bank initiated recovery proceedings. Learned counsel for the petitioner contends that there is a discrepancy between the statement of account and the recovery certificate. However, to establish his bonafide the petitioner is prepared to deposit a sum of Rs. 356,989/- as mentioned in the Bank statement issued by the respondent Bank. He, however, submits that the petitioner can only deposit the amount in instalments.
Before proceeding to consider the prayer granting instalment, the petitioner is an under obligation to establish his bona-fide that not only he is ready but also in a position to clear off the entire dues.
In view of the submissions made by learned counsel at the Bar, the recovery proceedings against the petitioner shall remain stayed subject to the following conditions:
1. The petitioner shall deposit a sum of Rs. 56989/- within a period of 15 days from today before the respondent Bank. Rest of the amount shall be deposited in four equal three monthly instalments.
2. The first instalment amounting to Rs. 75,000/- shall be deposited by the petitioner on 1st August, 2019. Second instalment amounting to Rs. 75,000/- shall be deposited by the petitioner on 1st November, 2019. Third instalment amount to Rs. 75,000/- shall be deposited by the petitioner on 1st February, 2020 and the last instalment amounting to Rs. 75,000/- shall be deposited by the petitioner on 1st May, 2020.
3. Before the last instalment i.e. 1st May, 2020, the respondent Bank shall issue a chart indicating up to date accrued interest payable by the petitioner.
4. The amount of interest, amount thus so provided to the petitioner by the Bank, shall be deposited by the petitioner along with the last instalment of Rs. 75,000/- on 1st May, 2020.
The recovery proceedings against the petitioner shall remain stayed provided the above mentioned directions are complied with by the petitioner.
It is made it clear that in case of default in payment of any of the instalments as directed aforesaid this order shall stand automatically vacated and the respondent Bank will be at liberty to initiate recovery proceedings in accordance with law.
It is made it clear that in case violation of above directions or in the event of default in payment of any of the instalments as directed aforesaid this order shall stand automatically vacated and the respondent Bank will be at liberty to initiate recovery proceedings in accordance with law.
Issue notice to the respondent Bank by ordinary process and by RPAD returnable within a period of four weeks. Notice shall also be served by dasti mode. Dasti summons shall be provided by the Registry to the office of learned counsel for the petitioner. Steps to be taken by the learned counsel for the petitioner within a period of two weeks.
Petitioner to file an affidavit of service.
Respondent Bank to file counter affidavit within a period of four weeks.
Put up this case on 24.07.2019 in the additional cause list before the appropriate Bench.
It is made clear that this case shall not be treated as tied up or part heard to this Bench.
Order Date :- 29.5.2019 Dhananjai