Court No. - 2
Case :- WRIT - C No. - 11562 of 2018 Petitioner :- Rajendra Prasad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kuldeep Johri Counsel for Respondent :- C.S.C.,Krishna Mohan Asthana
Hon'ble Ram Surat Ram (Maurya),J.
Heard counsel for the petitioner, Standing Counsel for the State respondents and Sri K.M. ashtana for the respondent-bank.
The counsel for the petitioner does not dispute the amount which is sought to be recovered from him.
Admittedly, the petitioner took loan from the respondent-Bank concerned out of which petitioner has not paid substantial amount. Petitioner submits that he is ready to deposit whole of the amount in easy installment. The counsel for the Bank states that the anxiety of the Bank is that the amount should be recovered back.
Accordingly, this petition is disposed of with the following directions:
(i) Petitioner may deposit the entire amount sought to be recovered directly in concerned Bank in eight equal six monthly installments..
(ii) The first installment shall be deposited by 15th May, 2018 and the rest of installments shall be deposited at an interval of six months thereafter. These deposits shall be made before the Branch of the Bank from where the loan was taken.
(iii) Recovery proceedings including auction proceeding during this period will be kept in abeyance. In case petitioner commits default in depositing any of the installments within the above stipulated time, it will be open to the respondents to start the recovery proceedings again by taking coercive process to which the petitioner undertake not to challenge.
(iv) Property (agricultural land/tractor) belonging to the petitioner, if attached in connection with recovery proceedings, will be released by the concerned Tehsil authority (unless it has been auctioned) after deposit of first installment and further as soon as the first installment is paid, the property (agricultural land/tractor) of the petitioner shall also be released.
(v) If any fact stated by the petitioner is found to be incorrect, it will be open for the bank authorities to move an application for modification/recall of the order.
(vi) In case all the instalments are deposited as per the schedule fixed in this order, the recovery of the collection charges would remain in abeyance till such time the Collector decides the application that may be filed by the petitioner for determining collection charges/fee as per the legal provisions and also taking into consideration the Full Bench decision of this Court in the case of Maharajwa and others versus State of U.P. and others, reported in 2013(1) ADJ 426 (FB). Upon determination of collection charges/fee the Collector will communicate the same to the petitioner and upon communication of the same it would be open to the petitioner to either deposit the same within a period of 30 days or if not satisfied with the same may assail the order of the Collector in appropriate proceedings.
Order Date :- 30.3.2018 mt