Court No. - 32
Case :- WRIT - C No. - 11690 of 2018 Petitioner :- Jageshwar Respondent :- State Of U.P. And Another Counsel for Petitioner :- Shamshuddin Khan Counsel for Respondent :- C.S.C.,Narendra Kumar Giri
Hon'ble Krishna Murari,J. Hon'ble Ajay Bhanot,J.
Heard learned counsel for the petitioner and Shri Narendra Kumar Giri, who has accepted notice on behalf of respondent No.2.
Petitioner has availed the facility of loan in the year 2011 for purchasing JSA three wheeler.
Learned counsel for the petitioner contends that though initially certain instalments were paid, but subsequently due to various pressing reason there was a default in repayment, Bank initiated proceeding for recovery of loan amount and has issued a recovery certificate showing the total outstanding of a sum of Rs.3,26,915/-.
Learned counsel for the petitioner states that he is ready and willing to repay the outstanding dues and looking his poor financial position, he may be permitted to do so.
Shri Narendra Kumar Giri, learned counsel appearing for the Bank has no serious objection to the prayer being granted.
After considering the submission and perusing the records, the writ petition is disposed of with the direction that further recovery proceeding against the petitioner shall be kept in abeyance with liberty to the petitioner to deposit the demanded amount in four equal instalment. The first instalment be paid by 30th April, 2018, the second instalment by 31st August, 2018, the third instalment by 31st December, 2018 and the last instalment by 30th April, 2019. After deposit of third instalment, the bank shall issue a calculation chart showing the outstanding interest which the petitioner shall be under liability to pay till the date of depositing last instalment and the same shall be deposited by the petitioner alongwith the last instalment. Any amount deposited by the petitioner after issuance of the recovery certificate shall be adjusted.
It is made clear that in case of default in payment of any of the instalment as directed above, this order shall stand automatically vacated and the respondents will be at liberty to realize the entire amount in accordance with law.
With the aforesaid observation and directions, writ petition stands disposed of finally.
Order Date :- 30.3.2018 Ravi Prakash