Heard learned counsel for the petitioner and learned Standing Counsel on behalf of State-Respondent.
The present writ petition has been filed for quashing the impugned citation dated 14.3.2019 issued by Tehsildar, Tehsil Shahganj, District Jaunpur, respondent No.3 for recovering the amount of Rs.2,31,738/-
Contention of learned counsel for the petitioner is that the mother of the petitioner took loan from the respondent-bank i.e. Uttar Pradesh Sahkari Gram Vikas Bank Limited, Branch Shahgnj, District Jaunpur but she could not repay the loan amount within the time as stipulated in the loan agreement and thus, default was committed in making the repayment of loan and therefore the impugned citation dated 14.3.2019 has been issued.
I do not find any illegality or infirmity in the impugned citation which was issued by the respondent-bank mentioning therein that the mother of the petitioner has defaulted in repayment of loan.
At this stage, learned counsel for the petitioner prays that he is ready to deposit the entire amount of loan due against his mother if the facility of depositing the amount in easy instalments is given.
On the other hand, learned counsel for the respondent-bank submits that intention of the Bank has been never to cause any irreparable injury to the loanee rather the loan was advanced with the purpose to improve the petitioner's future. Therefore, if the petitioner has bonafide intention to deposit the amount of loan within a reasonable period of time and if that liberty is given, it will serve the interests of both the sides i.e., the petitioner and the respondent-bank. Thus, for grant of reasonable time, if that is to advance justice, the respondent-bank may not have any objection.
In view of the aforesaid, this Court feels in the ends of justice that amount sought to be recovered be permitted to be deposited in the following manner:
(i) Petitioner will deposit 25% of the total amount sought to be recovered within a period of one month from today directly in the respondent Bank.
(ii) Thereafter remaining amount will be paid in four equal quarterly instalment within one year.
(iii) Petitioner shall approach he respondent bank with the copy of this order for providing fresh schedule of installment for liquidation of the loan amount.
(iv) During period of deposit the recovery proceedings will be kept in abeyance. In case petitioner defaults in depositing any of the instalments within the above stipulated time, it will be open to the respondents to start recovery proceedings again by taking coercive process at once to which the petitioner undertakes not to challenge.
Under these circumstances, the loan shall be paid in four equal quarterly instalments by 31st December, 2020.
In case the petitioner fails to deposit the first instalment within the stipulated period of time as indicated above, the interim order granted by this Court shall automatically stand vacated.
With the above directions, the writ petition stands finally disposed of.
No order as to costs.
Order Date :- 26.11.2019 T. Sinha