Court No. - 38
Case :- WRIT - C No. - 6119 of 2019 Petitioner :- Mangal Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Kamlesh Ratan Yadav Counsel for Respondent :- C.S.C.,Dharmendra Vaish
Hon'ble Abhinava Upadhya,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner and Shri Dharmendra Vaish, learned counsel for the respondents.
The petitioner had taken a housing loan from the respondent- bank on 19 January 2012 for a sum of Rs.4,00,000/-. After some time, the petitioner defaulted in payment of EMI and the account has been declared 'NPA' on 23 June 2017. On that day, the outstanding amount against the petitioner was Rs.5,11,624/- but now a recovery citation has been issued on 11 January 2019 requiring the petitioner to deposit an amount of Rs.5,79,238/- alongwith other charges.
At this juncture, learned counsel for the petitioner submits that the petitioner has already deposited some amount towards the clearance of the loan, which has not been adjusted. He further submits that the petitioner admits the liability and is ready to pay the entire amount alongwith interest provided the bank issues a fresh statement of account and the petitioner be permitted to pay the remaining amount in equal installments.
The writ petition is, accordingly, disposed of with the observation that in case the petitioner approaches the bank for statement of account, the same be given to the petitioner within a week from the date a certified copy of this order is presented. To show bonafide, the petitioner will deposit a sum of Rs.1,00,000/- prior to 31 March 2019. The remainder amount will thereafter be deposited by the petitioner in six equal installments at an interval of three months each. The bank will also adjust the amount, if any, deposited by the petitioner.
It is being made clear that in case of any default on the part of the petitioner in re-payment of the loan amount, the writ petition will automatically stand dismissed without any formal order being passed to that effect and the bank will be free to proceed against the petitioner in accordance with law.
Order Date :- 25.2.2019 SK (Jayant Banerji, J.) (Abhinava Upadhya, J.)