Court No. - 4
Case :- WRIT - C No. - 20222 of 2019 Petitioner :- Musharrat Ali And 4 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Virendra Singh Parmar,Ram Raj Prajapati Counsel for Respondent :- C.S.C.,Abhishek Sharma
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioners and Sri Sachin Kumar holding brief of Sri Abhishek Sharma, learned counsel for the respondent bank.
The father of petitioners has taken loan of Rs.2,00,000/- from the respondent no. 3 for digging pond to establish the business of fishing but due to some unavoidable circumstances, he could not deposit the instalments on time and later on he died. Therefore, the bank started recovery proceeding against the petitioners. In pursuance thereof, the respondent no. 3 has issued recovery proceedings against them on 14.03.2019.
Learned counsel for the petitioners submits that the petitioners are ready and willing to pay the amount but some time may be granted, to which learned counsel for the respondent no. 3 has no objection.
Accordingly, the writ petition is disposed off with liberty to the petitioner to deposit the entire amount due in six equal instalments; the first instalment shall be paid by 31st July, 2019, the second by 31st October, 2019, the third by 31st January, 2020, the fourth by 30th April, 2020, the fifth by 31st July, 2020 and the sixth by 31st October, 2020. While depositing the last instalment, the petitioners shall also pay the interest due on the date of payment of last instalment. The respondents are restrained to take any coercive action against the petitioners during the aforesaid period. In case of any default by the petitioners in payment of the instalments, the protection granted herein above shall stand automatically vacated.
Order Date :- 13.6.2019 VR