Court No. - 38
Case :- WRIT - C No. - 27186 of 2018 Petitioner :- Harish Kumar Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Deepak Kumar Srivastava Counsel for Respondent :- C.S.C.,Satish Chaturvedi
Hon'ble Abhinava Upadhya,J. Hon'ble Rajiv Gupta,J.
Heard Sri Deepak Kumar Srivastava, learned counsel for the petitioner and Sri B.S.Singh, learned counsel appearing for respondent no. 4.
By means of this writ petition, the petitioner has challenged the Recovery Certificate dated 11.6.2018 for a sum of Rs. 2,25,900/ plus interest and other charges.
The petitioner had taken a loan of Rs. 4 lacs from respondent no. 4 in 2014. It is alleged that the petitioner has deposited a sum of Rs. 3 lacs towards outstanding loan but due to further default in payment of EMI, a Recovery Certificate has been issued.
Learned counsel for the petitioner submits that the petitioner accepts the entire liability and is ready to pay the amount but prays for some easy instalment fixed by this Court for repayment.
Learned counsel appearing for the Bank has no objection if the petitioner deposits the amount according to the instalments as fixed by the Court.
The writ petition is disposed of with the direction that the petitioner will deposit a sum of Rs. 50,000/- on or before 20th September, 2018. Upon deposit of Rs. 50,000/- the Bank will issue statement of account indicating the outstanding amount and thereafter the petitioner will deposit the remainder amount in three equal three monthly instalments.
In case of any default, the writ petition will stand automatically dismissed and the Bank will be at liberty to proceed against the petitioner in accordance with law.
Order Date :- 21.8.2018 KU (Rajiv Gupta,J.) (Abhinava Upadhya,J.)