Court No. - 5
Case :- WRIT - C No. - 18710 of 2019 Petitioner :- Rama Shankar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Hans Pratap Singh Counsel for Respondent :- C.S.C.,Ajit Kumar Pandey
Hon'ble Ashok Kumar,J.
Heard Sri Hans Pratap Singh, learned counsel for the petitioner, Sri Ajit Kumar Pnadey, learned counsel for the respondent- Bank and learned Standing Counsel for the respondent no. 1,2 and 3.
With the consent of the counsels for the parties, the writ petition is disposed of.
The petitioner was disbursed the loan of Rs. 3,85,000/- by the respondent no. 4- Bank under the Kishan Credit Card (K.C.C.) Yojana.
It is submitted by the counsel for the petitioner that a sum of Rs. 3,533/- have been paid by the petitioner. Since the remaining principal amount plus interest has not been paid by the petitioner, a recovery citation has been issued by the Tehsildar, Rath, District Hamirpur, a copy of the recovery citation is enclosed as annexure 2.
Learned counsel for the petitioner submits that the petitioner is ready to pay the principal amount plus interest in instalment.
(i). The petitioner will make payment of Rs.1 lakh of first instalment on or before 30th June, 2019.
(ii). The second instalment of Rs.1 lakh will be paid by the petitioner by 14th August, 2019.
(iii). Third instalment of Rs. 1 lakh will be paid by the petitioner on or before 30th September, 2019.
After payment of 3rd instalment the respondent Bank will provide complete statement of account to the petitioner within one week. The petitioner thereafter will pay the entire amount so as indicated in the statement of accounts by 31st October, 2019.
Any default of the aforesaid conditions, the Bank will be free to proceed against the petitioner.
Learned counsel for the petitioner has submitted that in the instant case the respondent can not collect the recovery charges from the petitioner. He has submitted that the charge can be levied only when the sale of the property actually takes place. He has relied a decision of a full Bench in the case of Mahrajva Vs. State of U.P. reported in 2013 Volume 1 ADJ Page 426.
In view of the aforesaid, the recovery charges can not be recovered before the sale of the property takes place. In the present case, admittedly till date the sale has not taken place, therefore the recovery charges can not be recovered from the petitioner.
No recovery charges shall be recovered from the petitioner, if the petitioner complies the above conditions.
With the direction above, the writ petition is finally disposed of.
Order Date :- 29.5.2019 SK Srivastava