Court No. - 5
Case :- WRIT - C No. - 20396 of 2019 Petitioner :- Smt. Marri Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandra Prakash Awasthi Counsel for Respondent :- C.S.C.,Abhishek Sharma
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Pankaj Bhatia,J.
Heard Sri Chandra Prakash Awasthi, learned counsel for the petitioner, learned Standing Counsel for the State-respondent and Sri Abhishek Sharma, learned counsel appeared on behalf of respondents no. 2, 3 and 4.
The petitioner has filed this writ petition for quashing the recovery notice dated 08.03.2019, issued by Senior Manager, Uttar Pradesh Sahkari Gram Vikas Bank Limited, Banda (respondent no. 3) and the auction notice dated 31.5.2019.
Learned counsel for the petitioner submits that the petitioner took loan of Rs. 80,000/- on 23.2.2011 from the respondent no. 4 for purchase of tempo. She is a very poor lady and could not deposit the installments in time. The petitioner is somehow arranging the money to pay of the entire liabilities in easy installments.
Sri Abhishek Sharma, learned counsel for the respondents-bank states that the respondents are ready and willing to accept the entire payment in five equal two monthly installments.
In view of the statement made by learned counsel for the respondents-bank, this writ petition is disposed off providing that the petitioner shall deposit the entire amount of recovery certificate in five equal two monthly installments. The first installment shall be paid on or before 01.8.2019, the second by 01.10.2019, the third by 01.12.2019, the fourth by 02.02.2020 and the fifth by 02.04.2020 respectively. On payment of first installment, no coercive action action shall be taken against the petitioner.
The respondents-bank shall provide a copy of the statement of account to the petitioner within two weeks from today and shall fix the installments as aforementioned. In the event of default in payment of any of the installments as aforementioned, the protection provided to the petitioner, shall automatically stand vacated.
In view of this order, the auction fixed on 24.6.2019 shall be deferred.
Order Date :- 20.6.2019 Puspendra