Court No. - 38
Case :- WRIT - C No. - 6452 of 2019 Petitioner :- Shri Kant Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- D.M.Tripathi Counsel for Respondent :- C.S.C.,Brahmanand Singh
Hon'ble Abhinava Upadhya,J. Hon'ble Jayant Banerji,J.
The petitioner had taken a loan under Pradhan Mantri Rojgar Yojna for setting up furniture shop from respondent No. 3. The petitioner defaulted in payment and, therefore, now a recovery certificate dated 3.11.2018 has been issued against the petitioner for a sum of Rs.12,92,954/-. Learned counsel for the petitioner at this stage submits that the petitioner accepts the entire liability and is ready to pay the same provided some instalments are fixed by this Court.
Sri Brahmanand Singh, learned counsel for the respondent Bank has no objection provided the petitioner deposits some substantial amount to show his bonafide and continues to deposit the amount as instalment that may be fixed by the Court and on default being committed by the petitioner in depositing the amount, the Bank may be given liberty to proceed further in the matter.
Learned counsel for the petitioner submits that the petitioner will immediately deposit a sum of Rs.3/- lakh before 31st March,2019 and the remaining amount thereafter will be deposited in four equal three monthly instalments.
The writ petition is disposed of with the observation that the petitioner will deposit Rs.3/- lakh with the Bank before 31st March, 2019. After the deposit of Rs.3/- lakh by the petitioner, the Bank shall provide a statement of account to the petitioner after adjusting the amount deposited by the petitioner and the remaining amount shall be deposited by the petitioner in four equal three monthly installments.
If the petitioner deposits the entire amount as aforesaid with the respondent Bank, no recovery charges shall be taken from him.
Subject to payment as directed above, no coercive action shall be taken against the petitioner by the respondents.
In the event of petitioner committing any default in depositing the amount as directed above, the respondents will be at liberty to proceed against the petitioner in accordance with law and the recovery proceeding shall be revived.
Order Date :- 25.2.2019 VPC (Jayant Banerji,J) (Abhinava Upadhya,J)