Court No. - 34
Case :- WRIT - C No. - 7470 of 2018 Petitioner :- Dharmendra Singh Respondent :- State Of U.P. Through Its Secretary Dept. Of Finance And Revenue Govt. Of U.P. Lucknow And 3 Others Counsel for Petitioner :- Mahesh Kumar Counsel for Respondent :- C.S.C.,Pooja Talwar
Hon'ble Sudhir Agarwal,J. Hon'ble Shashi Kant,J.
1. Heard Sri M.K. Tripathi, learned counsel for the petitioner and learned Standing Counsel as well as Smt. Pooja Talwar, Advocate for respondents. Challenge in this petition is recovery proceeding.
2. Learned counsel for the petitioner has made statement at the bar that this is the first writ petition against the recovery proceeding and this fact has also been stated in the writ petition. Petitioner has taken loan of Rs. 6,00,000/- in the year 2017. According to petitioner he could not pay the entire amount due to unavoidable circumstances, as stated in the writ petition, on account of which entire payable amount up to the period of last instalment, which is huge one to the tune of Rs. 11,36,889/- etc. is sought to be recovered by adopting coercive methods including the attachment and arrest. Submission is that if reasonable time is allowed to pay the amount sought to be recovered, petitioner may be able to pay the same. Learned counsel for the petitioner, on instructions, also gave an undertaking that in case, he is allowed to pay the amount under recovery in some easy instalments and if any default is committed, the petitioner shall pay a cost of Rs. 50,000/- over and above the amount, which remains to be recovered from the petitioner and the writ petition may be deemed to be dismissed in that event.
3. In view of aforesaid, this Court feels in the ends of justice that amount sought to be recovered be permitted to be deposited in the following manner, which will protect loanee from depriving of immovable/movable properties causing irreparable loss to the family which is to occasion on account of coercive process and at the same time, concerned Bank will also get its amount.
4. At this stage without challenging correctness of amount sought to be recovered a prayer has been made that if amount sought to be recovered is permitted to be deposited in easy instalments, deposit of entire amount can be made.
5. Accordingly, this petition is disposed of with the agreement of the learned counsels for the parties with the following directions:
i) Petitioner may deposit the entire amount sought to be recovered directly in concerned Bank in three instalments as provided hereinbelow.
ii) The petitioner shall deposit the first instalment of a sum of Rs. 3,78,963/- with the Bank within thirty days from today.
iii) Petitioner may file an application for supply of statement of account along with duly stamped self addressed envelope within one week of the deposit of first instalment. In case any such application is filed, the concerned branch of the Bank will give the same to the petitioners after deposit of first instalment within fifteen days.
iv) Petitioner thereafter if finds anything wrong in the statement of accounts, may file his objection within 15 days, which shall be considered and decided by the Bank within one month from the date of receipt of such objection, if any.
v) In case the petitioner does not file any objection, the entire rest amount shall be paid by him within 6 months in two equal quarterly instalments from the date he received the statement of accounts from the Bank.
vi) If he files any objection, then he shall pay the rest amount as per communication of Bank within six months in two equal instalments commencing from the date of communication of the order of the Bank passed on his objection.
vii) During period of deposition, the recovery proceedings will be kept in abeyance. In case petitioner defaults in depositing any of the instalments within the stipulated time, this writ petition shall stand dismissed with a cost of Rs. 60,000/-, which shall also be recoverable as arrears of land revenue in addition to the amount sought to be recovered from petitioner, and it will be open to the respondents to start recovery proceedings again by taking coercive process at once to which petitioners undertake not to challenge.
viii) This order will not affect any auction, if it has already taken place. In that event the petitioner may take appropriate legal proceedings to set aside the auction under U.P. Z.A. & L.R. Act and Rules, 1952 or file a suit in accordance with law.
ix) It is clarified that this order will not be operative and will not come in way of recovery process in any manner, if any other writ petition has been filed before this Court against the recovery proceeding for the loan amount.
x) Property belonging to petitioner, attached if any, will be released by the concerned Tehsil authority (unless it has been auctioned) after deposit of first instalment.
xi) If any fact given from the side of petitioner is found to be incorrect by the bank authorities, it will be open for them to move an application for modification/recall of the order.
xii) The petitioner shall also pay cost of recovery charges and up to date interest along with the last instalment, which shall be communicated by the Bank at least 15 days before the date of payment of the last instalment.
6. With these directions, the writ petition stands disposed of.
Order Date :- 28.2.2018 A. Verma