Court No. - 2
Case :- WRIT - C No. - 11629 of 2018 Petitioner :- Narayan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar Rai,Jitendra Kumar Yadav Counsel for Respondent :- C.S.C.,Narendra Kumar Giri
Hon'ble Ram Surat Ram (Maurya),J.
Heard counsel for the petitioner, Standing Counsel for the State respondents and Sri N.K. Giri for the respondent-bank.
The counsel for the petitioner does not dispute the amount which is sought to be recovered from him.
Admittedly, the petitioner took loan from the respondent-Bank concerned out of which petitioner has not paid substantial amount. Petitioner submits that he is ready to deposit whole of the amount in easy installment. The counsel for the Bank states that the anxiety of the Bank is that the amount should be recovered back.
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 six equal six monthly installments.
(ii) The first installment shall be deposited by 15th May, 2018 and the rest of installments shall be deposited at an interval of six months thereafter. These deposits shall be made before the Branch of the Bank from where the loan was taken.
(iii) Recovery proceedings including auction proceeding 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 undertake not to challenge.
(iv) 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 been auctioned) after deposit of first installment and further as soon as the first installment is paid, the property (agricultural land/tractor) of the petitioner shall also be released.
(v) If any fact stated by the petitioner is found to be incorrect, it will be open for the bank authorities to move an application for modification/recall of the order.
Order Date :- 30.3.2018 mt