Court No. - 7
Case :- WRIT - C No. - 2142 of 2019 Petitioner :- Ram Pyare Yadav Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Dinesh Kumar Pandey Counsel for Respondent :- C.S.C.,Ashish Agrawal
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the petitioner and Shri Om Prakash Gupta, Advocate, holding brief of Shri Ashish Agrawal, learned counsel for the respondent-Bank.
2. With the consent of learned counsel for the parties, this writ petition is being disposed of at this stage without calling for a counter affidavit.
3. By this writ petition, the petitioner has prayed for quashing the impugned recovery proceedings initiated by the respondent bank for Rs. 5,54,692/-.
4. The petitioner had taken a loan of Rs.6,25,000/- for purchase of a tractor in the year 2014. It is admitted to the petitioner that a default has been committed by him in making timely repayments of that loan. Consequently recovery proceedings have been initiated against him and the tractor of the petitioner has been attached.
5. Learned counsel for the petitioner submits that the petitioner is ready to deposit the entire recovery amount within the time fixed by this Court.
6. Learned counsel appearing for the bank fairly states that the bank is interested in realizing the entire amount alongwith interest. If the petitioner deposits the amount within the time allowed by this Court, no further action shall be taken against the petitioner by the bank.
7. On the facts and circumstances of the case and in the interest of justice, the writ petition is disposed of with the following directions:
(i) The petitioner shall deposit the entire amount due to the bank in five instalments.
(ii) By way of first instalment, the petitioner shall deposit Rs. 2,00,000/- on or before 28.02.2019.
(iii) On depositing the first instalment of Rs. 2,00,000/-, the tractor which has been attached and is under the custody of the respondent bank may be released in favour of the petitioner. However, the attachment of the tractor may continue but may not be auctioned so long as the petitioner complies with the terms of this order.
(iv) The respondent bank shall thereafter provide a statement of account to the petitioner within two weeks thereafter disclosing the exact amount disbursed by the bank as loan; exact amount/s repaid by the petitioner together with dates of deposit; rate of interest and amount/s of interest charged by the bank. Such statement be expressed in such terms/language as may be easy to comprehend even by a layman such as the petitioner.
(v) The bank shall, in the statement so supplied after adjusting the amount already deposited, itself calculate and indicate the amount/s of each instalment together with the date of payments due.
(vi) Thus, the balance amount so indicated by the bank shall be deposited by the petitioner through the remaining four equal quarterly instalments beginning 31.05.2019.
(vii) If the entire amount is deposited by the petitioner, as directed above, no recovery charge shall be realized from the petitioner as, admittedly, he is a farmer in default.
(viii) In case of default of the conditions as mentioned above, the present order shall stand automatically vacated and recovery proceedings shall revive from that stage.
Order Date :- 22.1.2019 AHA