Court No. - 48
Case :- WRIT - C No. - 14632 of 2019 Petitioner :- Kabul Baksh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rupendra Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Siddharth,J.
Heard Sri Rupendra Kumar Mishra, learned counsel for the petitioner, learned Standing Counsel for respondent Nos. 1 to 3.Issue notice to the respondent no.4.
Steps be taken within a week.
All the respondents may file their counter affidavit within four weeks. Two weeks thereafter to the petitioner to file rejoinder affidavit.
By this writ petition, the petitioner has prayed for quashing impugned recovery certificate dated 26.3.2019 for Rs. 11,27,027/- plus other charges.
The petitioner had taken a loan of Rs. 9,00,000/- for agricultural purpose. It is admitted to the petitioner that a default had been committed by the petitioner in making timely repayments of that loan. Consequently, recovery proceedings had been initiated against him.
Learned counsel for the petitioner submits that the petitioner is ready to deposit the entire recovery amount within time fixed by this Court.
As an interim measures, it is provided that If the petitioner deposits the amount within time allowed by this Court as under, no further action shall be taken against the petitioner by the bank.
(i) The petitioner shall deposit the entire amount due to the bank in twenty equal quarterly installments beginning from 27.5.2019.
(ii) By way of first installment, the petitioner shall deposit Rs. 56,000/- on or before the date 27.05.2019.
(iii) On depositing the aforesaid amount of Rs. 56,000/- the respondent bank shall provide a statement of account to the petitioner within two weeks thereafter disclosing the exact amount disbursed by the bank as loan; exact amount/s repaid by the petitioner together with dates of deposit; rate of interest and amount/s of interest charged by the bank. Such statement be expressed in such terms/language as may be easy to comprehend even by a lay-man such as the petitioner.
(iv) The bank shall in the statement so supplied, itself calculate & indicate the amount/s of each installment together with the date of payments due.
(v) Thus, the balance amount so indicated by the bank shall be deposited by the petitioner through the remaining ninteen equal quarterly installments from 27.8.2019 onwards.
(vi) 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.
(vii) 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 :- 26.4.2019 Atul kr. sri.