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Hari Om And Another vs State Of U.P. Thr Sec. Dept Of Rev. ...

High Court Of Judicature at Allahabad|21 June, 2010

JUDGMENT / ORDER

Heard Shri Ghan Shyam Das, learned counsel for the petitioners, learned Standing Counsel appearing for respondents No. 1 to 3 and Shri A.C. Tiwari, learned counsel appearing for respondent No. 4.
Learned counsel for the petitioners submits that petitioners' father, who has expired, had taken loan from the respondent Bank for agricultural purpose, but it could not be deposited as per terms of the agreement.
Learned counsel for the parties are agreed for final disposal of the writ petition at this stage without exchange of affidavits as the petitioners have not disputed the amount of recovery and are ready to pay the amount in instalments.
After hearing the learned counsel for the parties, the writ petition is disposed of with the following directions.
(i) The petitioners shall approach respondent Bank along with certified copy of the order within a period of three weeks from today and the Bank shall fix eight three-monthly equal instalments after deducting the amount which has already been deposited by the petitioners towards the amount due within a further period of one month from the date of receipt of certified copy of the order of this Court and intimate the same to the petitioners on the date fixed by the Bank after receipt of the order of this Court along with petitioners' application.
(ii) After fixation of instalments by the Bank, the first instalment fixed by the Bank as indicated above be deposited by the petitioenrs on the date fixed by the Bank in the Bank itself and the remaining seven instalments be deposited after expiry of three months on or before the date fixed by the Bank for depositing such instalments in the same Bank.
(iii) In case of default in deposit on the date fixed by the Bank, the defaulted amount be deposited on the date fixed for depositing next instalment.
(iv) Even after depositing the amount as indicated above, if any amount remains due, then that shall be deposited by the petitioners on the date fixed by the Bank for depositing the last instalment.
(v) In case of three defaults with respect to the payment as per schedule fixed by the Bank, the recovery would stand revive and the respondents may proceed in accordance with law to recover the amount due against the petitioners.
(vi) In case of satisfactory deposit with the Bank as indicated above, no recovery charge shall be realized from the petitioners.
Subject to above observations, the writ petition is disposed of.
Order Date :- 21.6.2010 AKSI
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Title

Hari Om And Another vs State Of U.P. Thr Sec. Dept Of Rev. ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
21 June, 2010