Court No. - 38
Case :- WRIT - C No. - 6729 of 2018 Petitioner :- Smt. Durgawati Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Yadav Counsel for Respondent :- C.S.C.,Gyan Prakash Shrivastava
Hon'ble Ran Vijai Singh,J. Hon'ble Mukhtar Ahmad,J.
Heard Sri Ashok Kumar Yadav, learned counsel for the petitioner, learned Standing Counsel appearing for the State-respondents and Sri Gyan Prakash Srivastava, learned counsel for respondent - Bank.
This writ petition has been filed for issuing a writ of certiorari quashing the recovery citation dated 09.11.2017 issued against the petitioner by the respondent no. 3 to recover an amount of Rs. 1,26,235/-.
The petitioner is a rice mill owner. She has taken loan for establishment of small rice mill under Pradhan Mantri Rozgar Yojna, but the petitioner could not pay the same within the time stipulated in the agreement. In consequence thereof, a recovery citation has been issued for recovery of Rs. 1,26,235/-. It is contended by learned counsel for the petitioner that the petitioner is ready to pay the entire amount provided some easy installments are fixed for the same. To the proposal made by the learned counsel for the petitioner, learned counsel for the respondent bank as well as learned Standing Counsel have no objection.
The writ petition is disposed of with the consent of learned counsel for the parties with the following directions:
(i) in case the petitioner deposits Rs.20,000/- before the Bank within a period of two months from today along with certified copy of the order of this Court, the Bank shall provide the statement of account to the petitioner within two weeks from the date of such deposit;
(ii) thereafter, the Bank shall fix four six-monthly equal instalments after deducting the amount which has been deposited by the petitioner towards the amount due and intimate the same to the petitioner within a period of two weeks from the date of fixing of such instalments. For depositing the first instalment, the Bank itself shall indicate the date which shall not be less than one month from the date of receipt of intimation given by the Bank;
(iii) after fixation of instalments by the bank, the first instalment fixed by the Bank as indicated above be deposited by the petitioner on the date fixed by the Bank in the Bank itself and the remaining instalments be deposited on or before the date fixed by the Bank.
(iv) in case of default in deposit on the date fixed by the Bank, the defaulted amount be also deposited on the date fixed for depositing next instalment.
(v) in case of three defaults with respect to the payment as per schedule fixed by the Bank, the recovery would stand revived and the respondents may proceed in accordance with law to recover the amount due against the petitioner.
(vi) in case of satisfactory deposit with the Bank as indicated above, no coercive action shall be taken against the petitioner and further no recovery charges shall also be realized from the petitioner.
Subject to the above observation, the writ petition is disposed of.
Order Date :- 27.2.2018 Amit Mishra