Court No. - 37
Case :- WRIT - C No. - 27019 of 2020 Petitioner :- Pritam Singh Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Bharat Singh Pankaj Counsel for Respondent :- C.S.C.,Rohit Yadav
Hon'ble Rajiv Joshi,J.
Heard Sri Bharat Singh Pankaj, learned counsel for the petitioners, Sri Rohit Yadav, learned counsel for respondent and learned Standing Counsel for the State respondents.
By this writ petition, the petitioner has prayed for quashing impugned recovery citation dated 28.11.2018 of Rs. 5,25,500/- issued by Branch Manger, U.P. Sahkari Gram Vikas Bank Ltd. Branch Budhana, Muzaffar Nagar.
Petitioner had taken a agriculture loan of Rs. 3,80,000/-, from the respondent bank for agriculture purposes. Due to default being committed by the petitioners, recovery has been initiated.
Learned counsel for the petitioner submits that the petitioner is ready to deposit the entire amount in installment within the time fixed by this Court.
Learned counsel appearing for the bank states that the bank is interested in realizing the entire amount alongwith interest. If the petitioner deposit the amount within the time allowed by this Court, no further action shall be taken against the petitioner by the bank.
On the facts and circumstances of the case and in the interest of justice, I dispose of this writ petition with the following directions:
1) The petitioner shall deposit an amount of Rs. 50,000/-, within one month. On depositing the aforesaid amount, the bank shall provide a statement of account within two weeks from the date of deposit after adjusting the amount, if any, already deposited by the petitioners. The outstanding amount shall be deposited by the petitioner in six quarterly installments.
2) First installment be paid on or before 8.5.2021 and thereafter within every three months. The amount shall be deposited by the petitioners in the bank. If the entire amount is deposited by the petitioners as directed above, no recovery charge shall be realized from the petitioners. In case of default in any of the conditions as mentioned above, the present order shall stand automatically vacated and recovery proceedings shall revive.
3) In case the petitioners are covered under the Scheme in question for waiver of agricultural loan, he would be at liberty to move an appropriate application for availing the said benefit.
Order Date :- 8.1.2021 S.K.