Court No. - 32
Case :- WRIT - C No. - 41258 of 2019 Petitioner :- M/S Kishori Ji Machinery Store Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anoop Kumar Mishra Counsel for Respondent :- C.S.C.,Vaibhav Tripathi
Hon'ble Shashi Kant Gupta,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioner, Mr. Vaibhav Tripthi, learned counsel for the respondent Bank and learned Standing Counsel for the State respondents.
Learned counsel for the petitioner does not dispute the amount which is sought to be recovered from him.
Admittedly, the petitioner took loan from the respondent-Bank concerned out of which petitioner has not paid substantial amount.
Learned counsel for the petitioner submits that the petitioner is ready to deposit the entire amount in easy installments. Learned counsel for the Bank states that the anxiety of the Bank is that the amount should be recovered back and has no objection if the installments are fixed in the matter by this Court.
Accordingly, this writ petition is disposed of with the following directions:
(i) Petitioner shall deposit a sum of Rs. 2500,000( rupees twenty five lacs only) on or before 29th February, 2020 and rest of installments shall be deposited in four instalments at the interval of three months i.e. on 31st May, 2020, 31st August, 2020, 30th November, 2020 and 28th February, 2021 respectively. These deposits shall be made before the Branch of the Bank from where the loan was taken.
(iii) Recovery proceedings during this period shall remain in abeyance. In case petitioner commits default in depositing any of the aforesaid installments within the stipulated period of time, it will be open to the respondents to start the recovery proceedings again by taking coercive process.
(iv) Petitioner may file an application for supply of statement of account along with the duly stamped self addressed envelope. In case any such application is filed, the concerned branch of the Bank will give the same to the petitioner after deposit of the first installment within fifteen days and in calculating the arrears, the amount (if any) already paid will be adjusted.
(v) If any fact stated by the petitioner is found to be incorrect, it will be open for the bank authorities to move an application for modification/recall of the order.
(vi) In case all the installments are deposited as per the schedule fixed, the petitioner may approach the Collector concerned for waiving the recovery charges. In the event such an application is filed, it shall be dealt with in accordance with law by the authority concerned.
The writ petition stands disposed of with the aforesaid observation and direction.
Order Date :- 18.12.2019 MLK