Court No. - 21
Case :- WRIT - C No. - 7677 of 2018 Petitioner :- Praphul Kumar Tiwari Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shyamdhar Pandey Counsel for Respondent :- C.S.C.,Brahmanand Singh,Satish Chaturvedi
Hon'ble Krishna Murari,J. Hon'ble Ajay Bhanot,J.
Heard learned counsel for the petitioner, Sri B.N. Singh and Sri Sunil Kumar, learned counsels for the respondent-bank.
Petitioner was a guarantor of a loan availed by his son and also a personal loan which he defaulted to pay in pursuance thereof recovery proceedings were initiated against him. Bank for realization of his dues has attached the salary account of the petitioner.
Learned counsel for the petitioner states that he is ready and willing to deposit the entire outstanding amount along with up to date accrued interest in instalments to be fixed by this Court. Learned counsel appearing for the respondent-bank has no objection.
Before proceeding to consider the prayer for granting instalment, the petitioner is an under obligation to establish his bona fide that not only he is ready but also in a position to clear off the entire dues.
In order to establish his bona fide the petitioner may deposit the first instalment within a week from today with the respondent-bank. After deposit of first installment the attachment of salary account of the petitioner shall be removed.
In case the petitioner deposits the aforesaid amount within the time allowed by this Court, further recovery proceeding against the petitioner shall be kept in abeyance, and thereafter he will deposit the balance outstanding dues along with up to date interest in three equal instalment. The second instalment be paid by 31st March, 2018, third instalment by 30th June, 2018, fourth instalment by 30th September, 2018. Any amount deposited by the petitioner after issuance of the recovery proceedings shall be adjusted. In case, the petitioner deposits the entire demanded amount as directed aforesaid, the recovery proceeding shall be dropped.
It is made clear that in case of default in payment of any of the instalment as directed aforesaid or the averment that this is the first writ petition is false, this order shall loose its efficacy and the respondents will be at liberty to realize the entire amount in accordance with law.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 27.2.2018 Pravin