Court No. - 36
Case :- WRIT - C No. - 27021 of 2021 Petitioner :- Hari Lal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Mishra Counsel for Respondent :- C.S.C.,Rohit Yadav
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Rohit Yadav, learned counsel for the respondent-Bank.
The present petition has been filed assailing the recovery certificate dated 15.09.2021 issued by the respondent no.3 for recovery of dues from the petitioner towards agricultural credit availed by the petitioner from the respondent bank.
Counsel for the petitioner does not dispute the amount which is sought to be recovered from him.
Admittedly, the petitioner took loan from the respondent-Bank concerned out of which petitioner has not paid substantial amount. Petitioner submit that he is ready to deposit whole of the amount in easy installments. Counsel for the Bank states that the anxiety of the Bank is that the amount is recovered back.
Accordingly this petition is disposed of with the following directions:
(i) Petitioner may deposit the entire amount sought to be recovered directly in concerned Bank in four installments.
(ii) The first installment of Rs. 50,000/- shall be deposited by 31.12.2021 and the rest of installments shall be deposited at intervals of two months thereafter. These deposits shall be made with the Branch of the Bank from where the loan was taken.
(iii) 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 undertakes not to challenge.
(iv) 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.
(v) Property (agricultural land/tractor) belonging to the petitioner, if attached, in connection with recovery proceedings, will be released by the concerned Tehsil authority (unless it has already been auctioned) after deposit of first installment. However, unless the property has already been auctioned, no third property right shall be created by the petitioner in either mortgaged or hypothecated property till entire bank dues are cleared.
(vi) If the installments are deposited as per the schedule fixed in this order, the recovery of collection charges would remain in abeyance till such time the Collector takes a decision and determines the collection charges/fee payable as per the legal provisions and in the light of Full Bench decision of this Court in the case of Maharajwa and others versus State of U.P. and others, reported in 2013(1) ADJ 426 (FB). Upon determination of collection charges/fee the Collector will communicate the same to the petitioner upon which the petitioner would either deposit the same within a period of 30 days or, if not satisfied, would be at liberty to assail the same in appropriate proceedings.
Order Date :- 29.10.2021 Arvind