Court No. - 39
Case :- WRIT - C No. - 23674 of 2020 Petitioner :- Matlub Ahmad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jay Babu Kesharwani Counsel for Respondent :- C.S.C.
Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,J.
Heard the learned counsel for the petitioner, Sri Vijay Prakash Mishra, learned counsel representing the respondent no. 4 and the learned Standing Counsel for the respondent nos. 1, 2 and 3.
The present writ petition has been filed seeking following relief:
"i. Issue a writ, order or direction in the nature of mandamus commanding the respondents to make the easy instalments in pursuant to the recovery certificate dated 21.7.2020 for outstanding dues of Rs. 2,76262/- along with interest issued by the respondent no.2.;
ii. Issue a writ, order or direction in the nature of mandamus directing the respondents not to adopt any coercive measures against the petitioner.;
iii. Issue any other suitable writ, order or direction, as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case;
iv. Award the cost of the petition through in favour of the petitioner."
The learned counsel for the petitioner submits that the petitioner is ready to pay the dues in easy instalments.
Learned counsel appearing for the bank fairly states that the bank is interested in realizing the entire amount along with interest. If the petitioner deposits the amount within the 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 four installments;
ii) By way of first installment, the petitioner shall deposit Rs. 76,262/- on or before 5.2.2021;
(iii) On depositing the aforesaid amount of Rs. 76,262/-, 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;
(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 three equal quarterly installments;
(vi) If the entire amount is deposited by the petitioner as directed above, no recovery charge shall be realized from him;
(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.
The writ petition is disposed of in the above terms.
Order Date :- 5.1.2021 Shahnawaz