Court No. - 42
Case :- WRIT - C No. - 20361 of 2021 Petitioner :- Salauddin Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Murtuza Ali,Imtiyaj Ali Counsel for Respondent :- A.S.G.I.,Satish Chaturvedi
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and Sri B. N. Singh, learned counsel appearing for the respondent no. 2, State Bank of India and learned Standing Counsel.
Present petition has been filed with following prayer:-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned demand notice dated 20.2.2021 issued by respondent no. 2 State Bank of India Branch Sardar Nagar, Gorakhpur (contained in Annexure No. 2 to this writ petition);
(ii) issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 State Bank of India Branch Sardar Nagar, Gorakhpur to look into the record and exempt petitioner from depositing the amount shown in impugned demand notice;
(iii) issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of case;
(iv) award the cost of present writ petition."
The petitioner availed the facility of loan from the respondent- bank and admittedly, there was a default. The respondent bank issued a recovery citation of Rs. 1,65,487.77+ interest against the petitioner.
Learned counsel for the petitioner submits that he had taken loan under the scheme of Kisan Credit Card. The petitioner is a farmer. He could not repay the loan instalment in time.
Learned counsel for the petitioner contends that he does not intend to contest the proceedings on merit and he is ready and willing to liquidate the entire outstanding liability provided he is permitted to do so in instalments.
Sri B.N. Singh, learned counsel for the respondent-Bank does not have any serious objection to the aforesaid submission. He, however, submits that the petitioner should prove his bonafide and ability to pay by depositing some amount within two weeks.
Before proceeding to consider the prayer granting instalment, the petitioner is an under obligation to establish his bona-fide that not only he is ready but also in a position to clear off the entire dues.
In view of the submissions made by learned counsel at the Bar, the recovery proceedings against the petitioner shall remain stayed subject to the condition that the petitioner shall deposit 25% of required amount within a period of one month from today i.e. by 24.9.2021 before the respondent Bank. Rest of the amount shall be deposited in four equal quarterly monthly instalments. The amount shall be deposited by the petitioner in the bank.
If the entire amount is deposited by the petitioner as directed above, no recovery charge shall be realized from the petitioner.
In case of default in any of the conditions as mentioned above, the present order shall stand automatically vacated and recovery proceedings shall revive.
With the aforesaid observation/ direction, present petition stands disposed of.
Order Date :- 24.8.2021 Aditya