Court No. - 36
Case :- WRIT - C No. - 12480 of 2021 Petitioner :- Gajram Singh Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Parvesh Kumar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel for State respondents through video conferencing.
By this writ petition, the petitioner has prayed for quashing impugned recovery citation dated 05.1.2021 issued by the respondent no.3-bank for Rs.6,30,000/-.
It appears that the petitioner has taken a KCC loan of Rs.3,60,000/- in the year 2015. 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 the time fixed by this Court.
Learned counsel for the respondents states that the bank is interested in realizing the entire amount alongwith interest. If the petitioner deposits the amount within the time allowed by this Court, no further action shall be taken against the petitioner by the bank.
On the facts and circumstances of the case and in the interest of justice, I dispose of this writ petition with the following directions:
1) The petitioner shall deposit an amount of Rs. 2,00,000/- by 20.6.2021. On depositing the aforesaid amount, the bank shall provide a statement of account within two weeks from the date of deposit after adjusting the amount, if any, already deposited by the petitioner. The outstanding amount shall be deposited by the petitioner in six quarterly installments.
2) First installment be paid on or before 20.9.2021 and thereafter within every three months. The amount shall be deposited by the petitioner in the bank. If the entire amount is deposited by the petitioner as directed above, no recovery charge shall be realized from the petitioner. In case of default in any of the conditions as mentioned above, the present order shall stand automatically vacated and recovery proceedings shall revive.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 19.5.2021 RKP Digitally signed by Justice Mahesh Chandra Tripathi Date: 2021.05.20 10:45:07 IST Reason: Document Owner Location: High Court of Judicature at Allahabad