Court No. - 18
Case :- WRIT - C No. - 35665 of 2018 Petitioner :- Molhad Singh Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Raj Kumar Tiwari Counsel for Respondent :- C.S.C.,Brahmanand Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Raj Kumar Tiwari, learned counsel for the petitioner, Sri B.N. Singh, learned counsel appearing for the fourth respondent and learned Additional Chief Standing Counsel for the State respondents.
The matter was taken up on 26.10.2018 and on the said date, the Court had proceeded to pass following order:-
"Heard learned counsel for the petitioner and Sri B.N. Singh appears for the respondent-Bank.
Petitioner is before this Court assailing the impugned recovery certificate dated 26.12.2017 issued by the third respondent for a sum of Rs. 4,71,959/- plus interest plus collection charges.
Learned counsel for the petitioner states that the loan in question was taken for purchase of a tractor and on default, the impugned recovery certificate has been issued against the petitioner. He apprised to the Court that the petitioner is more than 74 years old and is lying on the bed and the application is being moved by his daughter that the petitioner is willing and ready to pay the outstanding amount along with other charges in case the tractor in question is auctioned by the bank and the remaining amount may be paid by the petitioner in easy installments.
In the facts and circumstance once the categorical stand is taken by the petitioner that he is ready to clear the outstanding amount, in such situation, sympathetic view may be taken by the concerned bank.
Learned counsel for the respondent-Bank prays for and is accorded day's time to seek the instruction in the matter.
Put up tomorrow in the additional cause list."
On the matter being taken up today, Shri B.N. Singh, learned counsel appearing for the respondent bank states that in compliance of the aforesaid order, he has received the requisite instruction dated 26.10.2018 from the Branch Manager, Punjab National Bank, Branch Faluwala Paharipur, District Saharanpur, wherein it has been informed that the present writ petition has been preferred by concealment of material fact. At present, the petitioner is holding two account nos.145800AE00000413 and 145800AU00001335. It has also been stated that the tractor in question was very much in possession of the petitioner and without taking any leave from the respondent bank, he had sold the said tractor. The instruction is taken on record.
Confronted with this situation, learned counsel for the petitioner states that the petitioner is ready and willing to clear the outstanding amount, in case the indulgence is accorded.
On the facts and circumstances of the case and in the interest of justice, I dispose of this writ petition with the direction that the petitioner shall deposit an amount of Rs. 75,000/- in the bank within a period of six weeks from today. On depositing the aforesaid amount, the bank shall provide a statement of account within two weeks from the date of deposit after adjusting the amount, if any, already deposited by the petitioner. Thereafter, the outstanding amount shall be deposited by the petitioner in four quarterly installments. If the entire amount is deposited by the petitioner as directed above, no recovery charge shall be realized from the petitioner. In case of default, the present order shall stand automatically vacated and recovery proceedings shall revive.
Order Date :- 27.10.2018 RKP