Court No. - 10
Case :- WRIT - C No. - 20396 of 2021 Petitioner :- Rajendra Kumar And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Viveka Nand Rai,Vidyanand Singh Counsel for Respondent :- C.S.C.,Anadi Krishna Narayana
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the petitioners, learned Standing Counsel and Sri Ajal Krishna, learned counsel appearing for the respondent-bank.
It is stated that the father of the petitioners had taken a loan for agricultural use but the same could not be repaid as per the terms of agreement. A notice for recovery of a sum of Rs.2,54,959/- and other expenses had been sent against the petitioners. This writ petition has been filed with the averment that petitioners are ready and willing to deposit the amount, in case they are permitted to do so in easy instalments.
Having regard to the fact that the petitioners have offered to pay the entire amount due against them, in my view, the ends of justice require that the petitioners be granted opportunity to deposit the entire outstanding amount due against them in the following manner. The Bank has also agreed to accept the amount payable.
(i) Petitioners shall deposit 25% of the amount sought to be recovered within a period of two months from today with the respondent Bank.
(ii) In case the amount, as indicated above, is deposited by the period prescribed, the respondent Bank shall provide a fresh schedule for re-payment of balance amount, after adjusting the amount already deposited. That amount shall thereafter be deposited in four equal instalments in a period of one year. Statement of account shall also be furnished to the petitioners.
(iii) No recovery charges shall be recovered from the petitioners by the respondent authorities.
(iv) Till the period prescribed for depositing the aforesaid amount and thereafter during the period of deposit of instalments, the recovery proceedings will be kept in abeyance. In case the petitioners default in depositing the initial amount or thereafter instalments within the stipulated period, it will be open for the respondents to start recovery proceedings against the petitioners.
With the aforesaid observations/directions, the writ petition stands disposed of. No order as to costs.
Order Date :- 24.8.2021 GS (Siddhartha Varma, J.)