Hon'ble Jaspreet Singh,J.
Heard Mr. Rajesh Kumar Shukla, learned counsel for the petitioner, Ms. Isha Mittal, learned Standing Counsel for respondent nos. 1 to 3 and Mr. Avdhesh Shukla, learned counsel for the respondent nos. 4 and 5.
In the earlier round of litigation i.e. writ petition No. 30462 of 2019 (M/B), the petitioner had challenged the notice issued under Section 13 (2) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. A Co-ordinate Bench of this Court, vide judgment and order dated 7.11.2019, after hearing the learned counsel for the parties, has passed the following order :-
"In the light of the aforesaid, the present petition is disposed of on following agreed terms:
(i) The petitioner would pay a sum of Rs. 5,00,000/- (five lacs) against the due amount within a period of 15 days from today.
(ii) The respondent-bank would furnish the statement of due amount to the petitioner within 15 days alongwith updated interest.
(iii) The rest of the due amount with interest, as on the date, would be paid thereupon in six two monthly installments thereafter i.e. within a period of one year.
(iv) The payment of installments, as indicated in para 2, would be carried out by the petitioner. In case of default, the respondents would be at liberty to proceed further in the matter under the Act, 2002.
(v) The amount of installment would carry interest on the diminishing value of due amount and accordingly the bank would inform the total amount of interest before payment of 5th installment so that the amount of interest is also paid alongwith the 5th and 6th installments.
In case of default in carrying out the direction, the bank would be at liberty to proceed further, as directed above.
However, if the payment, as directed above, is made by the petitioner, bank will not pursue for the recovery, rather for that the proceeding under the Act of 2002 would come to an end."
Pursuant to the aforesaid order dated 07.11.2019, statement of account has been provided to the petitioner, wherein the respondents Bank has added Rs.9,53,863/- as unapplied interest since October, 2017 and grand total of dues is Rs.34,38,571.80.
Learned counsel for the petitioner has drawn our attention to the statement of interest under the Kamdhenu Scheme issued by the Chief Veterinary Medical Officer, Sultanpur (Annexure 14 to the writ petition) and has submitted that total interest for the period March, 2014 to July, 2018 as per Kamdhenu Scheme comes to Rs.24,95,268/-, therefore, appropriate direction be issued to the respondents Bank to issue correct statement of account so that he may deposit the installments in terms of the order dated 7.11.2019 (Supra).
Per contra, learned counsel for the respondents No. 4 and 5/Bank has submitted that once the account is declared as Non-Performing Asset (NPA), detail manual break up of interest may be provided to the petitioner. He also submits that interest of Rs.24,95,268/-, which has been shown in Annexure No. 14 to the writ petition under Kamdhenu Scheme, has already been credited to the statement of account and, therefore, details of balance of interest is given in the statement of account annexed as Annexure No.1 to the writ petition.
Considering the aforesaid, without entering into the merits of the case, we direct the respondent no.5-Branch Manager, Baroda Uttar Pradesh Gramin Bank, Branch Haliyapur, District Sultanpur, to provide the detail manual break up of interest, which has been levied on the account of the petitioner since October, 2017, to the petitioner within a period of ten days so that he will deposit the installments in terms of the judgment and order dated 07.11.2019 (Supra), failing which the respondent no.5 would be at liberty to proceed further against the petitioner in accordance with law.
The writ petition is, accordingly, disposed of.
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(Jaspreet Singh, J.) (Pankaj Kumar Jaiswal, J.) Order Date :- 20.12.2019 Ajit/-