Court No. - 2
Case :- WRIT - C No. - 11684 of 2018 Petitioner :- Rampal Respondent :- Oriental Bank Of Commerce,Branch Harra,Thru.Its Branch Manager And 2 Ors.
Counsel for Petitioner :- Javed Husain Khan,Gulrez Khan Counsel for Respondent :- Tarun Varma,C.S.C.
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Gulrez Khan for the petitioner and Sri Tarun Varma for respondent -bank.
The writ petition has been filed for quashing the recovery certificate dated 1.6.2016.
Admittedly the petitioner has taken horticulture loan on 10.5.2007 out of which petitioner has not paid substantial amount. Therefore, recovery proceeding has been initiated against him. The claim of the petitioner is that he is entitled for benefit of Central Debt Waiver Scheme 2008. So for as Central Debt Waiver Scheme 2008 is concerned, it is not applicable to the petitioner inasmuch as in that scheme loan disbursed up to 31.3.2007 were covered while in the present case admittedly the petitioner has taken loan on 10.5.2007.
The writ petition is disposed of with following directions :-
(i) The petitioner is directed to deposit a sum of Rs. 25,000/- towards his loan directly in concerned Branch up to 30.4.2018.
(ii) So far as claim of the petitioner for relief under UP Debt Relief Scheme 2017 is concerned, the petitioner may move an application in this respect before the Branch Manager within 15 days from today. In case any such application is moved, then Branch Manager shall forward the papers in this respect to the competent authority for deciding the application of the petitioner and the competent authority shall pass an appropriate order in this respect within one month thereafter. In case the petitioner is found entitled for waiver of loan under UP Debt Relief Scheme 2017 then the amount for which he is entitled for waiver of loan, shall be adjusted equally in five installments. Thereafter the petitioner may deposit the outstanding dues to him directly in concerned Bank in five equal six monthly installments.
(iii) The first installment shall be deposited by 2.7.2018 and the rest of installments shall be deposited at interval of six months thereafter. These deposits shall be made before the Branch of the Bank from where the loan was taken.
(iv) Recovery proceedings during this period will be kept in abeyance. In case petitioner commits any default in depositing any of the installments within the above stipulated time, it will be open to the respondents to start the recovery proceedings again by taking coercive process to which the petitioner undertake not to challenge.
(v) After deposit of first installment, the 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 installment within fifteen days and in calculating the arrears, the amount (if any) already paid will be adjusted.
(vi) Property (agricultural land/tractor) belonging to the petitioner, if attached, in connection with recovery proceedings, will be released by the concerned Tehsil authority (unless it has been auctioned) after deposit of first installment and further as soon as the first installment is paid, the property (agricultural land/tractor) of the petitioner shall also be released.
(vii) In case all the installments are deposited as per the schedule fixed in this order, the recovery of the collection charges would remain in abeyance till such time the Collector decides the application that may be filed by the petitioner for determining collection charges/fee as per the legal provisions and also taking into consideration the Full Bench decision of this Court in the case of Maharajwa and others versus State of U.P. and others, reported in 2013(1) ADJ 426 (FB). Upon determination of collection charges/fee the Collector will communicate the same to the petitioner and upon communication of the same it would be open to the petitioner to either deposit the same within a period of 30 days or if not satisfied with the same may assail the order of the Collector in appropriate proceedings.
Order Date :- 30.3.2018 Rahul /-