Court No. - 36
Case :- WRIT - C No. - 36126 of 2018 Petitioner :- Mahal Singh Respondent :- State Of U.P. And 04 Others Counsel for Petitioner :- Neeraj Agarwal Counsel for Respondent :- C.S.C.,Anadi Krishna Narayana
Hon'ble Mrs. Sunita Agarwal,J.
Sri Sandeep Kumar Singh has put in appearance on behalf of the respondent-bank.
The present petition arises out of the recovery citation whereunder Rs. 9 lacs and odd is sought to be recovered from the petitioner. It is admitted to the parties that the auction of the agricultural land is scheduled on 5.11.2018.
Learned counsel for the petitioner, at the outset, submits that the petitioner is ready to repay the outstanding dues with upto date interest provided he may be given a reasonable time to repay the same.
To this submission, learned counsel for the respondent-bank could not raise any plausible objection.
In view of the fact that the petitioner is ready and willing to repay the debts and the bank is ready to take the money in easy installments, the present petition is being disposed of with the observations as under :-
(1) The petitioner shall deposit an amount of Rs. 2,00,000/- with the respondent-bank on or before 5th November, 2018.
(2) On making said deposit, the auction, if any, held on 5.11.2018 shall not be given effect to.
(3) The petitioner shall further deposit an amount of Rs. 2,00,000/- on or before 5th December, 2018.
(4) On the said deposit made by the petitioner, the respondent- bank shall provide complete statement of account showing the deposits made by the petitioner and the balance amount payable.
(5) Rest of the outstanding dues with upto date interest shall be paid by the petitioner in six quarterly installments.
(5) Any amount already deposited shall be given adjustment.
(6) The petitioner shall make deposit of the last installment along with upto date interest.
(7) In the event of default in any of the above stated conditions, it would be open to the respondents to proceed in accordance with law.
Order Date :- 31.10.2018 Pratima