Court No. - 33
Case :- WRIT - C No. - 19954 of 2019 Petitioner :- Indra Devi Alias Indravati Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajendra Kumar Counsel for Respondent :- C.S.C.,Manoj Nigam Hon'ble Manoj Misra,J.
Hon'ble Saurabh Shyam Shamshery,J.
Heard learned counsel for the petitioner, learned Standing Counsel for respondents no.1 to 3 and Shri Manoj Nigam, Advocate for respondent no.4.
The instant petition seeks quashing of the auction notice dated 26.5.2019 by which the property of the petitioner has been put for auction to recover Rs.1,74,620/- towards the loan amount due and payable by the petitioner to the Uttar Pradesh Sahkari Gram Vikas Bank Limited.
Learned counsel for the petitioner states that the petitioner is willing to make payment of the entire dues in three equal installments. He states that the petitioner is widowed lady and due to unavoidable circumstances, she could not repay the amount timely and, therefore, she may be given indulgence to make good the defaulted amount.
Shri Manoj Nigam, Advocate who appears for respondent no.4 states that he has no objection if the money is repaid by the petitioner within six months from today.
In view of the above, we deem it appropriate to dispose of this petition by providing that the petitioner may pay the entire dues in three equal bimonthly installments. The first installment shall be paid by or before 31.7.2019 and, thereafter, balance amount shall be paid in two installments at an interval of two months each.
Before making payment of the first installment, the petitioner shall apply for statement of account from the concerned branch of respondent no.4 within two weeks from today. Upon receipt of such request, statement of account shall be provided to the petitioner within two weeks thereafter. Upon receipt of statement of acount deposit shall be made as directed above.
Till 31.7.2019, no recovery shall be made. Thereafter, upon deposit of first installment, recovery shall remain stayed for a further period of two months. Thereafter, on deposit of the second installment recovery shall remain stayed for another period of two months.
It is made clear that if the petitioner fails to deposit any of the installments, it shall be open to respondent no.4 to continue with the recovery of the balance amount. However, in case, the aforesaid amount is deposited, the recovery shall be withdrawn.
With the aforesaid observations and directions, this petition stands disposed of.
Order Date :- 7.6.2019/Rishabh