Court No. - 7
Case :- WRIT - C No. - 38442 of 2018 Petitioner :- Jagmohan Respondent :- State Of U P And 03 Others Counsel for Petitioner :- Anoop Kumar Mishra Counsel for Respondent :- C.S.C.,Gyanesh Kumar Mishra,Krishna Mohan Asthana
Hon'ble Saumitra Dayal Singh,J.
1. Upon instructions, Shri K.M. Asthana, learned counsel for the respondent bank states that after making full reconciliation, he has been instructed to state that an amount of Rs. 5,01,700/- is due against the the petitioner as on on 30.07.2018.
2. As to the earlier recovery certificate and citation, it has been submitted that the same does not disclose that recoverable amount. The final amount is as noted above.
3. In view of the above, no useful purpose would be served in keeping this petition pending. Hence, the petition is disposed of with the following directions:
(i) Upon the petitioner filing a certified copy of this order along with an application in that regard before respondent no.4 within two weeks from today, that authority may make available to the petitioner a complete statement of account so as to state the final liability being claimed by the bank as on date together with interest computed.
(ii) Upon such statement being made available to the petitioner, the petitioner shall discharge that liability in four equal quarterly installments beginning 31.01.2019.
(iii) If the entire amount is deposited by the petitioner, as directed above, no recovery charge shall be realized from the petitioner as, admittedly, he is a farmer in default.
(iv) In case of default of the conditions as mentioned above, the present order shall stand automatically vacated and recovery proceedings shall revive from that stage.
Order Date :- 19.12.2018 AHA