Court No. - 32
Case :- WRIT - C No. - 42298 of 2019 Petitioner :- Ram Kumar Singh Chauhan And Another Respondent :- Authorised Officer Canara Bank And Another Counsel for Petitioner :- Arjun Singh Solanki,Arjun Singh Solanki Counsel for Respondent :- Krishna Mohan Asthana
Hon'ble Shashi Kant Gupta,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioner, Mr. Krishna Mohan Asthana, learned counsel for the respondent Bank and learned Standing Counsel for the State respondents.
Learned 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.
Learned counsel for the petitioner submits that auction of the property in question is scheduled to held tomorrow i.e. 20.12.2019 and the petitioner is ready to deposit the entire amount in easy instalments. Learned counsel for the Bank states that the anxiety of the Bank is that the amount should be recovered back and has no objection if the instalments are fixed in the matter by this Court.
Considering the facts and circumstances of the case, this writ petition is disposed of with the following directions:
(i) Petitioner shall deposit a sum of Rs. 2,50,000/- (rupees two lacs and fifty thousands only) by tomorrow i.e. 20.12.2019. Thereafter, he shall again deposit Rs. 2,00,000/- on or before 29.2.2019 with the concerned bank and the rest of the outstanding amount shall be deposited in four equal instalments at the interval of two months i.e. on 30.4.2020, 30.6.2020, 30.8.2020, 31.10.2020 and 31.12.2020 respectively. These deposits shall be made before the Branch of the Bank from where the loan was taken.
(ii) In case, petitioner deposits Rs. 2.5 lacs by tomorrow i.e. 20.12.2019, auction proceedings shall remain in abeyance. In case petitioner commits default in depositing any of the aforesaid instalments (including the amount of Rs. 2.5 lacs by tomorrow) within the stipulated period of time, it will be open to the respondents to continue the recovery proceedings by taking coercive process.
(iii) Petitioner may file an application for supply of statement of account along with the duly stamped self addressed envelope. In case any such application is filed, the concerned branch of the Bank will give the same to the petitioner after deposit of the first instalment within fifteen days and in calculating the arrears, the amount (if any) already paid will be adjusted.
(iv) 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.
(v) In case all the instalments are deposited as per the schedule fixed, the petitioner may approach the Collector concerned for waiving the recovery charges. In the event such an application is filed, it shall be dealt with in accordance with law by the authority concerned.
Order Date :- 19.12.2019 vinay