Court No. - 39
Case :- WRIT - C No. - 36060 of 2018 Petitioner :- Naseem Ahmad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surendra Prasad Mishra Counsel for Respondent :- C.S.C.,Abhishek Mishra
Hon'ble B. Amit Sthalekar,J. Hon'ble Rajiv Joshi,J.
Heard Sri Surendra Prasad Mishra, learned counsel for the petitioner, learned Standing Counsel for the respondent Nos. 1 and 2 and Sri Harsh Drivedi holding brief of Sri Abhishek Mishra, learned counsel for the respondent No. 3.
The petitioner in the writ petition is seeking quashing of the recovery citation dated 12.09.2018 whereby he is required to pay a sum of Rs. 169000/- towards loan taken by him for the purpose of establishment of his business.
In relief no.2, the petitioner states that he is ready and willing to pay the entire amount with compounding interest if easy installments are fixed by the High Court.
In our opinion, it is not the business of the High Court to fix the installments as it is a purely a contractual matter between the petitioner and the bank concerned.
We, therefore, dismiss the present writ petition with liberty to the petitioner to approach the respondent No.3- Branch Manager, Syndicate Bank, Brach- Dautai Garh, District- Hapur. If the petitioner files an application before the bank within a week stating his terms and conditions of the installments within which he is willing to pay the amount, the bank shall consider the same, in accordance with law and pass appropriate order within a period of one month thereafter.
Till such order is passed by the bank, it is provided that no coercive action shall be taken against the petitioner towards recovery under the citation.
Order Date :- 30.10.2018 Sweety