Court No. - 7
Case :- WRIT - C No. - 1901 of 2019 Petitioner :- Paras Nath Respondent :- State Of U P And Another Counsel for Petitioner :- Kripa Shanker,Rama Shanker Counsel for Respondent :- C.S.C.,Abhishek Mishra
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the petitioner and Sri Vachaspati Shukla, Advocate holding brief of Sri Abhishek Mishra, learned counsel for the respondent.
2. Learned counsel for the petitioner submits that against the loan of poultry farm for Rs.45,000/- obtained by the petitioner, he had repaid Rs.15,000/-.
3. At present, the bank is claiming recovery of Rs.1,50,000/-. In this regard, it is further stated that under the one time settlement scheme only Rs.80,000/- is payable by the petitioner towards full and final settlement of the bank's claim. A further representation is stated to have been filed by the petitioner before the respondent-bank claiming benefit of the one time settlement scheme.
4. For such fact, no useful purpose would be served in keeping this petition pending any further or calling for any counter affidavit from the respondent-bank.
5. Accordingly, the writ petition is disposed of with the following directions:-
(i) In case the petitioner files a fresh application claiming one time settlement to the respondent-bank along with a deposit of Rs.50,000/- within a period of three weeks from today along with certified copy of this order, it is expected that the respondent-bank shall consider the same strictly in accordance with law and the governing circular as also the instructions.
(ii) In the event, the one time settlement is accepted, the petitioner shall deposit the balance amount within the time framed or indicated by the bank, failing which the respondent-bank may issue statement of account to the petitioner within a period of three weeks from the date of filing of the aforesaid application by the petitioner.
(iii) Subject to the petitioner depositing Rs.50,000/-, as above, for a period of two months from today or till disposal of the one time settlement application, whichever is earlier, no coercive measure may be adopted against the petitioner.
Order Date :- 21.1.2019 S.Chaurasia