Court No. - 90
Case :- WRIT - C No. - 42181 of 2019 Petitioner :- Gurusharan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nasiruzzaman,Mohit Kumar Jaiswal Counsel for Respondent :- C.S.C.,Manoj Nigam
Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioner and Sri Manoj Nigam, learned counsel for the respondent-Bank.
With the consent of learned counsel for the parties, this writ petition is being finally disposed of at this stage without calling for a counter affidavit.
This writ petition has been filed for issuing a writ of certiorari quashing the recovery certificate dated 11.10.2019 issued against the petitioner for recovery of a sum of Rs 1,90,500/-.
The petitioner had taken a loan for the purpose of purchasing buffalo in the year 2012 but the loan amount could not be repaid timely. It is admitted to the petitioner that default has been committed by the petitioner in making timely repayments of that loan. Consequently, recovery proceedings have been initiated against him.
Learned counsel for the petitioner submits that the petitioner is ready to deposit the entire recovery amount within the time fixed by this Court.
Learned counsel appearing for the bank fairly states that the bank is interested in realizing the entire amount along with 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, the present writ petition is disposed of with the following directions:
(i) The petitioner shall deposit the entire amount due to the bank in 5 equal monthly installments.
(ii) By way of first installment, the petitioner shall deposit Rs. 25,000/- on or before 31st January, 2020.
(iii) Thus, the balance amount shall be deposited by the petitioner through the 4 equal quarterly installments beginning from 30.4.2020.
(iv) Recovery proceedings during this period will be kept in abeyance. In case petitioner commits default in depositing any of the installments within the above stipulated time, it will be open to the respondents to start the recovery proceedings again by taking coercive process to which the petitioner undertake not to challenge.
(v) Petitioner may file an application for supply of statement of account along with the duly stamped self addressed envelope. In case any such application is filed, the concerned branch of the Bank will give the same to the petitioner after deposit of the first installment within fifteen days and in calculating the arrears, the amount (if any) already paid will be adjusted.
(vi) If the entire amount is deposited by the petitioner as directed above, no recovery charges shall be realized from the petitioner.
(vii) If any fact stated by the petitioner is found to be incorrect, it will be open for the authorities to move an application for modification/recall of the order.
Order Date :- 19.12.2019 samz