Court No. - 38
Case :- WRIT - C No. - 25425 of 2018 Petitioner :- Munni Lal Respondent :- Bank Of Baroda And Another Counsel for Petitioner :- Vijay Prakash Mishra,Alok Krishan Tripathi Counsel for Respondent :- C.S.C.,Anadi Krishna Narayana
Hon'ble Abhinava Upadhya,J. Hon'ble Shashi Kant,J.
Heard learned counsel for the petitioner, learned Standing Counsel appearing for the State-respondent no.2 and Sri Sandip Kumar Singh, learned counsel appearing for the Bank- respondent no.1.
By means of this writ petition the petitioner has come up to this Court raising a grievance that the recovery agent and the mussel men of the Bank are harassing the petitioner for the recovery of the loan amount. The petitioner had taken a loan for a sum of Rs. 1,60,000/- in the year 2014 to purchase an auto-rickshaw.
It is submitted that the petitioner had purchased auto-rickshaw and has also paid Rs. 1,02,500/- from the outstanding loan amount. It is also submitted that Rs.63,000/- and odd is to be paid.
It is to be noted that neither any demand notice nor any recovery certificate has been issued against the petitioner. But apprehension of the petitioner, which has been narrated in paragraph no.7 of the writ petition, is that the recovery agent and the mussel men are harassing the petitioner everyday. The petitioner does not dispute the outstanding amount and is ready to pay the same.
Learned counsel appearing for the Bank submits that the Bank has no objection provided the petitioner deposits the entire outstanding amount along with interest within the time granted by this Court. However, liberty be given to the Bank to proceed further against the petitioner in the event any default is committed by the petitioner.
Considering the facts and circumstances, the Bank is directed to handover the statement of account to the petitioner within one week from the date a certified copy of this order is presented to it showing the outstanding amount against the petitioner. Learned counsel for the petitioner submits that the petitioner is ready to pay the entire amount in three, two monthly equal instalments.
The writ petition is disposed of with the direction that no coercive action shall be taken against the petitioner, if the petitioner deposits the entire outstanding amount in three, two monthly equal instalments from the date the Bank issues the statement of account to the petitioner. In case the petitioner makes any default in payment of the aforesaid amount, the Bank will be at liberty to proceed against the petitioner in accordance with law and the writ petition shall be treated to have been dismissed.
Order Date :- 27.7.2018 SKM
(Shashi Kant,J.) (Abhinava Upadhya,J.)