Court No. - 48
Case :- WRIT - C No. - 14889 of 2019 Petitioner :- Mithan Singh @ Mithansihan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amar Nath Counsel for Respondent :- C.S.C.,Nimai Dass
Hon'ble Siddharth,J.
Heard learned counsel for the petitioner and Sri R. N. Kesari, learned counsel for the respondent-bank.
With the consent of learned counsel for the parties, this writ petition is being finally disposed of at this stage without calling for a counter affidavit.
Learned counsel for the petitioner has submitted that as per notice dated 15.11.2018, the amount of Rs.7,34,324/- plus interest is due against him.
The petitioner had taken a loan of Rs.5,16,000/- for agricultural purpose in the year 2015. It is admitted to the petitioners 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 29.05.2019.
(ii) Petitioner shall deposit first instalment of Rs.1,22,500/- on or before the date 29.05.2019.
(iii) On depositing the first instalment, 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 29.8.2019 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.
Order Date :- 29.4.2019 SS