Court No. - 3
Case :- WRIT - C No. - 32959 of 2021 Petitioner :- Rajman Alias Rajmani Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shrawan Kumar Tripathi Counsel for Respondent :- C.S.C.,Abhishek Mishra Hon'ble Manoj Kumar Gupta,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard counsel for the petitioner and Sri Harsh Dwivedi holding brief of Sri Abhishek Mishra for the respondent Bank.
The instant petition has been filed praying for quashing of auction notice dated 10.12.2020 and proclamation for sale dated 16.11.2021 issued by respondent no.3.
It is not disputed that the petitioner had taken a loan in the year 2015 from the respondent Bank. It is also not disputed that he did not pay the instalments and as a consequence whereof, recovery proceedings were initiated against the petitioner.
The sole submission is that the petitioner is ready to deposit the entire outstanding amount alongwith interest in easy instalments. He further states that the auction had not taken place on the date fixed in the auction notice. It is also urged that a statement of account be provided to the petitioner to enable him to make payment.
Learned counsel for the respondent Bank has no objection to the offer made by learned counsel for the petitioner.
Accordingly, the writ petition is disposed of as follows:-
(a) The petitioner will file a true attested copy of the instant order before respondent no.2 within one week from today. The second respondent shall issue a statement of account within next one week.
(b) The petitioner will pay 1/4th of the amount, as may be disclosed to be due against the petitioner in the statement of account, within a period of one month thereafter.
(c) The remaining amount shall be deposited by the petitioner in three equal quarterly instalments.
(d) In case of default in making payment as stipulated above, the instant order shall stand lapsed and it will be open to the respondent Bank to take further action for recovery of the dues in accordance with law.
(Dr. Yogendra Kumar Srivastava, J.) (Manoj Kumar Gupta, J.) Order Date :- 17.12.2021/SL