Court No. - 36
Case :- WRIT - C No. - 19788 of 2019 Petitioner :- Gangadeen And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brijesh Kumar Singh Counsel for Respondent :- C.S.C.,Anadi Krishna Narayana
Hon'ble Ajay Bhanot,J.
Heard Sri Brijesh Kumar Singh, learned counsel for the petitioners, learned Standing Counsel for the respondent-State and Sri P.K.Sinha, learned counsel for the respondent-Bank.
The petitioners availed the facility of loan from the respondent- bank and admittedly, there was a default. The respondent bank issued a recovery citation of Rs.2,93,816/- against the petitioner.
Sri Brijesh Kumar Singh, learned counsel for the petitioners submits that they had taken an agricultural loan. The petitioners are farmers. They could not repay the loan instalment in time. Learned counsel for the petitioners contends that they do not intend to contest the proceedings on merit and they are ready and willing to liquidate the entire outstanding liability provided they are permitted to do so in instalments.
Sri P.K.Sinha, learned counsel for the respondent-Bank does not have any serious objection to the aforesaid submission. He, however, submits that the petitioners should prove his bonafide and ability to pay by depositing some amount within 15 days.
Before proceeding to consider the prayer granting instalment, the petitioners are an under obligation to establish their bona- fide that not only they are 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 petitioners shall remain stayed subject to the following conditions:
1. The petitioners shall deposit a sum of Rs.53,816/- 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.60,000/- shall be deposited by the petitioners on 1st August, 2019. Second instalment amounting to Rs.60,000/- shall be deposited by the petitioners on 1st November, 2019. Third instalment amount to Rs.60,000/- shall be deposited by the petitioners on 1st February, 2020 and the last instalment amounting to Rs.60,000/- 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 petitioners by the Bank, shall be deposited by the petitioners along with the last instalment of Rs.60,000/- on 1st May, 2020.
The recovery proceedings against the petitioners shall remain stayed provided the above mentioned directions are complied with by the petitioner.
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.
It is further provided that in case the entire amount is deposited in the manner aforesaid, the recovery charges against the petitioners shall be dropped.
The writ petition is disposed of finally.
Order Date :- 4.6.2019 Ashish Tripathi