Court No. - 32
Case :- WRIT - C No. - 7578 of 2018 Petitioner :- Jikrullah Respondent :- State Of U.P. Through Secretary Revenue And 5 Others Counsel for Petitioner :- Prabhakar Vardhan Counsel for Respondent :- C.S.C.,Bhagwan Dutt Pandey
Hon'ble Arvind Kumar Tripathi,J. Hon'ble Ajay Bhanot,J.
Heard learned counsel for the petitioner, Shri B.D.Pandey, learned counsel for the respondent bank, learned Standing Counsel and perused the record.
Learned counsel for the petitioner submitted that the loan was advanced to the petitioner for carrying on business under the Cash Credit Scheme. The account was maintained time to time. The amount was deposited in the account. Since there was some fault and sufficient amount was not there in the account and as such recovery proceeding was initiated. Now the recovery certificate has been issued for a sum of Rs.15,34,000/- with recovery charges, hence the notice be quashed as the petitioner is ready to deposit amount as he may be permitted to deposit the same.
Learned counsel for the respondent-bank submitted that since the amount was not deposited by the petitioner and no sufficient material was there and as such there was no option but to issue recovery proceeding for recovery of the balance amount. However, the Bank is interested in return the amount.
Considered the submissions of counsel for the parties. The petitioner is ready to deposit the amount in instalments.
In view of the above, the petitioner is permitted to deposit the aforesaid amount within three weeks thereafter in three equal instalment with upto date interest. If the amount is deposited, the recovery proceedings and recovery charges in pursuance of the recovery certificate annexure-1 to the writ petition shall remain stayed.
With the above observation this writ petition is disposed off.
Order Date :- 26.2.2018 Rk