Court No. - 33
Case :- WRIT - C No. - 15397 of 2018
Petitioner :- Mohd. Yunus (Senior Citizen)
Respondent :- State Of U.P. And Another
Counsel for Petitioner :- Avinash Chandra Srivastava
Counsel for Respondent :- C.S.C.,Gyan Prakash Shrivastava
Hon'ble Manoj Misra,J.
Heard learned counsel for the petitioner; learned Standing Counsel for respondent no. 1 and Sri G.P. Srivastava for respondent no.2 (Purvanchal Bank, Branch Belauha, Siddharth Nagar).
The present petition has been filed against the recovery proceeding and seizure of tractor which had been hypothecated in favour of the respondent-bank in lieu of credit advanced by the respondent-bank to the petitioner.
Learned counsel for the petitioner states that on account of difficult conditions, the loan amount could not be re-paid as per the instalments fixed, however, now the petitioner is prepared to pay the entire loan amount in four equal quarterly instalments starting from 30th May, 2018.
Learned counsel for the respondent-bank states that the bank is interested in recovery of its dues and therefore the Court may consider fixing instalments for the payment of the dues.
Accordingly this petition is disposed of with the following directions:
(i) Petitioner may deposit the entire amount sought to be recovered directly in concerned Bank in 4 quarterly installments.
(ii) The first installment shall be deposited by 30.05.2018 and the rest of installments shall be deposited at intervals of three months thereafter. These deposits shall be made with the Branch of the Bank from where the loan was taken.
(iii) Recovery proceedings during this period will be kept in abeyance. In case petitioner commits default in depositing any of the installments within the above stipulated time, it will be open to the respondents to start the recovery proceedings again by taking coercive process to which the petitioner undertakes not to challenge.
(iv) Petitioner may file an application for supply of statement of account along with the duly stamped self addressed envelope. In case any such application is filed, the concerned branch of the Bank will give the same to the petitioner after deposit of the first installment within fifteen days and in calculating the arrears, the amount (if any) already paid will be adjusted.
(v) Property (agricultural land/tractor) belonging to the petitioner, if attached, in connection with recovery proceedings, will be released by the concerned Tehsil authority (unless it has already been auctioned) after deposit of first installment. However, unless the property has already been auctioned, no third property right shall be created by the petitioner in either mortgaged or hypothecated property till entire bank dues are cleared.
(vi) If the installments are deposited as per the schedule fixed in this order, the recovery of collection charges would remain in abeyance till such time the Collector takes a decision and determines the collection charges/fee payable as per the legal provisions and in the light of Full Bench decision of this Court in the case of Maharajwa and others versus State of U.P. and others, reported in 2013(1) ADJ 426 (FB). Upon determination of collection charges/fee the Collector will communicate the same to the petitioner upon which the petitioner would either deposit the same within a period of 30 days or, if not satisfied, would be at liberty to assail the same in appropriate proceedings.
Order Date :- 27.4.2018. Rks.