Court No. - 18
Case :- WRIT - C No. - 24155 of 2021 Petitioner :- Rajveer Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Tripathi Counsel for Respondent :- C.S.C.,Manoj Nigam
Hon'ble Ajay Bhanot,J.
Heard Sri Manoj Kumar Tripathi, learned counsel for the petitioner, learned Standing Counsel for the respondents-State and Ms. Akansha Tripathi, learned counsel holding brief of Sri Abhishek Mishra, learned counsel for the respondent-Bank.
The petitioner availed the facility of loan from the respondent- bank. The petitioner admits default in repayment. The respondent-bank issued a recovery citation of Rs.4,38,000/- plus interest against the petitioner.
Sri Manoj Kumar Tripathi, learned counsel for the petitioner submits that the petitioner had taken a loan. The petitioner is a farmer. The petitioner defaulted in payment of the loan instalments. Learned counsel for the petitioner contends that he does not intend to contest the proceedings on merit and he is ready and willing to liquidate the entire outstanding liability provided he is permitted to do so in instalments.
Ms. Akansha Tripathi, learned counsel holding brief of Sri Abhishek Mishra, learned counsel for the respondent-Bank does not have any serious objection to the aforesaid submission. She, however, submits that the petitioner should prove his bona-fide and ability to pay by depositing some amount on or before 01.11.2021.
Before proceeding to consider the prayer granting instalment, the petitioner has to establish his bona-fide. He has to show that not only he is ready but also in a position to clear off the entire dues.
In view of the submissions made by learned counsel at the bar, the recovery proceedings against the petitioner shall remain stayed subject to the following conditions:
1. The petitioner shall deposit a sum of Rs.84,326/-on or before 01.11.2021 before the respondent-Bank. Rest of the amount shall be deposited in four equal four monthly instalments.
2. The first instalment amounting to Rs.1,00,000/- shall be deposited by the petitioner on 1st January, 2022. Second instalment amounting to Rs.1,00,000/- shall be deposited by the petitioner on 1st May, 2022. Third instalment amount to Rs.1,00,000/- shall be deposited by the petitioner on 1st September, 2022 and the last installment amounting to Rs.1,00,00/- shall be deposited by the petitioner on 1st January, 2023.
3. Before the last installment i.e. 1st January, 2023, the respondent Bank shall issue a chart indicating updated accrued interest payable by the petitioner.
4. The amount of interest, so provided to the petitioner by the Bank, shall be deposited by the petitioner along with the last installment of Rs.1,00,000/- on 1st January, 2023.
The recovery proceedings against the petitioner shall remain stayed provided the above mentioned directions are complied with by the petitioner.
It is made it clear that in case violation of above directions or in the event of default in payment of any of the installments as directed aforesaid, this order shall stand automatically vacated without recourse to this Court. The respondent Bank will be at liberty in such situation to initiate recovery proceedings in accordance with law.
When the amount is deposited the respondent bank shall gave an up to date statement of account indicating the amount due from the petitioner.
It is further provided that in case the entire amount is deposited in the manner aforesaid, the recovery charges against the petitioner shall be dropped.
The writ petition is finally disposed of.
Order Date :- 24.9.2021 Nadeem