Court No. - 32
Case :- WRIT - C No. - 39057 of 2018 Petitioner :- Ran Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Om Prakash Singh Counsel for Respondent :- C.S.C.,Shiv Nath Singh
Hon'ble Shashi Kant Gupta,J. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the petitioner, Mr. Shiv Nath Singh, 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.
Petitioner submits that he is ready to deposit whole of the amount in easy installment. 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.
Accordingly this petition is disposed of with the following directions:
(i) Petitioner may deposit the entire amount sought to be recovered directly in concerned Bank in six equal installments.
(ii) The first installment shall be deposited within four months from today, and rest of installments shall be deposited at the interval of four months. These deposits shall be made before the Branch of the Bank from where the loan was taken.
(iii) Recovery proceedings during this period will be kept in abeyance. In case petitioner commits 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 undertakes not to challenge.
(iv) 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.
(v) 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.
(vi) In case all the installments 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.
The writ petition stands disposed of with the aforesaid observation and direction.
Order Date :- 29.11.2018 MLK