Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5196 of 2019 Applicant :- Mahesh Datt Tiwari Opposite Party :- Nilesh Jaiswal, Manager, Uttar Pradesh Sahkari Gram Vikas Bank Ltd.
Counsel for Applicant :- Dheeraj Kumar Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Dheeraj Kumar Singh, learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for disobedience of the order dated 16.4.2019 passed in Writ-C No.13260 of 2019 filed by the applicant, wherein the Court directed as under:-
"By this writ petition, the petitioner has prayed for quashing impugned recovery proceedings dated 30.03.2019 as well as auction notice dated 30.9.2018 for Rs. 1,80,276/- plus other charges.
The petitioner had taken a loan of Rs. 60,000/- for purchasing she-buffalo in the year 2007. 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.
Learned counsel appearing for the bank fairly states that the bank is interested in realizing the entire amount alongwith interest. If the petitioner deposits the amount within time allowed by this Court, no further action shall be taken against the petitioner by the bank.
On the facts and circumstances of the case and in the interest of justice, the writ petition is disposed of with the following directions:
(i) The petitioner shall deposit the entire amount due to the bank in six equal quarterly installments beginning from 15.05.2019.
(ii) By way of first installment, the petitioner shall deposit Rs. 30,046/- on or before the date 15.05.2019.
(iii) On depositing the aforesaid amount of Rs. 30,046/-, 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 five equal quarterly installments from 15.8.2019 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."
Once the Court has declined to proceed in the matter under Section 12 of the Contempt of Courts Act, 1971, then learned counsel for the applicant very fairly states that he does not incline to press the present contempt application. However, leave may also be accorded to the applicant to move an appropriate application under One Time Settlement Scheme.
The contempt application is dismissed, as not pressed.
Needless to say that in case any such OTS scheme is available, it is always open to the applicant to move an appropriate application under the OTS Scheme.
Order Date :- 26.9.2019 RKP