Court No. - 7
Case :- WRIT - C No. - 42532 of 2018 Petitioner :- Raj Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mahendra Singh Counsel for Respondent :- C.S.C.,Satish Chaturvedi
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the petitioner and Shri Pankaj Srivastava, Advocate, holding brief of Shri Satish Chaturvedi, learned counsel for the respondent-Bank.
2. With the consent of learned counsel for the parties, this writ petition is being disposed of at this stage without calling for a counter affidavit.
3. By this writ petition, the petitioner has prayed for quashing the two separate demand notices dated 27.04.2018 issued by respondent no.4 for Rs. 2,45,111/- and Rs. 3,43,415/- plus other charges.
4. It appears that the petitioner had availed two loans from the respondent bank. At present, by two separate demand notices dated 27.04.2018, amounts of Rs. 2,45,111/- and 3,43,415/- plus other charges are being demanded from the petitioner against Account Nos. 34538344336 and 32082438757 respectively. Thus, a total amount of Rs. 5,88,526/- is being claimed from the petitioner.
5. Learned counsel for the petitioner submits that the petitioner is ready to deposit the entire recovery amount within the time fixed by this Court.
6. Learned counsel appearing for the bank fairly states that the bank is interested in realizing the entire amount alongwith interest. If the petitioner deposits the amount within the time allowed by this Court, no further action shall be taken against the petitioner by the bank.
7. On the facts and circumstances of the case and in the interest of justice, the writ petition is disposed of with the following directions:
(i) The petitioner shall deposit the entire amount due to the bank in eight instalments.
(ii) By way of first instalment, the petitioner shall deposit Rs.90,000/- on or before 31.01.2019.
(iii) On depositing the aforesaid amount of Rs. 90,000/-, the respondent bank shall provide a statement of account to the petitioner within two weeks thereafter disclosing the exact amount disbursed by the bank as loan; exact amount/s repaid by the petitioner together with dates of deposit; rate of interest and amount/s of interest charged by the bank. Such statement be expressed in such terms/language as may be easy to comprehend even by a layman such as the petitioner.
(iv) The bank shall, in the statement so supplied after adjusting the amount already deposited, itself calculate and indicate the amount/s of each instalment together with the date of payments due.
(v) Thus, the balance amount so indicated by the bank shall be deposited by the petitioner through the remaining seven equal quarterly instalments beginning 30.04.2019.
(vi) If the entire amount is deposited by the petitioner, as directed above, no recovery charge shall be realized from the petitioner as, admittedly, he is a farmer in default.
(vii) In case of default of the conditions as mentioned above, the present order shall stand automatically vacated and recovery proceedings shall revive from that stage.
Order Date :- 19.12.2018 AHA