Court No. - 7
Case :- WRIT - C No. - 42578 of 2018 Petitioner :- Mohan Singh Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Jata Shankar Pandey Counsel for Respondent :- C.S.C.,Manoj Nigam
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Jata Shankar Pandey, learned counsel for the petitioner and Sri Manoj Nigam, learned counsel for the respondent-bank.
2. 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.
3. By this writ petition, the petitioner has prayed for quashing the recovery certificate dated 22.10.2018 of Rs. 2,20,000/- plus interest.
4. The petitioner had taken a loan of Rs. 1,20,000/- for agriculture purpose in the year 2014. It is admitted to the petitioner that a default has been committed by him in making timely repayments of that loan. Consequently, recovery proceedings have been initiated against him.
5. Learned counsel for the petitioner states that the petitioner is eligible to the loan waiver scheme granted by the Government of Uttar Pradesh and in that regard the petitioner has made an application. However copy of that application or its detail has not been given in the writ petition. It is also stated that the petitioner is willing to deposit the amount.
6. 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 the time allowed by this Court, no further action shall be taken against him by the bank.
7. 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 installments.
(ii) By way of first installment, the petitioner shall deposit Rs. 30,000/- on or before 15.01.2019.
(iii) It is further provided that subject to the above the petitioner may file a fresh application for grant of waiver of loan as claimed by him before the respondent-bank within a period of two weeks' therefrom. The same may be processed and order may be passed within a period of one month from the date of application being filed. That order may be communicated to the petitioner at the address disclosed by the petitioner in the writ petition. The amount that may become due upon such order passed by the bank shall be paid by the petitioner in the remaining five installments
(iv) Also alongwith that order, the respondent bank shall provide a statement of account to the petitioner 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; amount/s of interest charged by the bank and; amount of waiver, if any, that may have been granted. Such statement be expressed in such terms/language as may be easy to comprehend even by a lay-man such as the petitioner.
(v) The bank shall in the statement so supplied, itself calculate & indicate the amount/s of each remaining installment together with the date of payments due.
(vi) Thus, the balance amount so indicated by the bank shall be deposited by the petitioner through the remaining five equal quarterly installments beginning 31.03.2019.
(vii) 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.
(viii) 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 :- 20.12.2018 S.Chaurasia