Court No. - 2
Case :- WRIT - C No. - 8236 of 2018 Petitioner :- Nirmal Singh Respondent :- State Of U.P. And 2 Ors Counsel for Petitioner :- Vikrant Gupta Counsel for Respondent :- C.S.C.,Narendra Kumar Giri
Hon'ble Ram Surat Ram (Maurya),J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri N.K. Giri, counsel for the respondent-bank.
Learned counsel for the petitioner submits that earlier recovery was issued for amount of Rs. 11,90,000/- but by the order dated 6.2.2018, bank was directed to supply the correct statement of account to the petitioner. Now by the order dated 12.2.2018, the Manager of respondent-bank has informed to the petitioner that total outstanding dues against the petitioner is Rs. 1,35,500/- + interest on it.
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. Learned 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 16.4.2018 and the rest of installments shall be deposited at 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 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) Petitioner may file an application for supply of statement of account along with the duly stamped self addressed envelope.
In case any such application is filed, the concerned branch of the Bank will give the same to the petitioner after deposit of the first installment within fifteen days and in calculating the arrears, the amount (if any) already paid will be adjusted. Recovery certificate shall be deemed to be modified according to the letter dated 12.2.2018.
(v) 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.
(vi) In case all the installments are deposited as per the schedule fixed in this order, the recovery of the collection charges would remain in abeyance till such time the Collector decides the application that may be filed by the petitioner for determining collection charges/fee as per the legal provisions and also taking into consideration the Full Bench decision of this Court in the case of Maharajwa and others versus State of U.P. and others, reported in 2013(1) ADJ 426 (FB). Upon determination of collection charges/fee the Collector will communicate the same to the petitioner and upon communication of the same it would be open to the petitioner to either deposit the same within a period of 30 days or if not satisfied with the same may assail the order of the Collector in appropriate proceedings.
Order Date :- 28.2.2018 Rahul /-