The case is taken up through video conferencing. It is accompanied with an application for urgency which on consideration is allowed.
Heard learned counsel for petitioner, learned Additional Chief Standing Counsel appearing on behalf of opposite parties no.1 and 2 as well as Mr. Sharad Tewari, learned counsel appearing for opposite party no.3 and perused the record.
The writ petition has been filed seeking following reliefs:
"(i) Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned Recovery Certificate of Rs.3,37,524/- (Rs.Three Lacs Thirty Seven Thousand Five Hundred Twenty Four only) dated 04.02.2021 issued by opposite party no.2 to recover the same to the petitioner, contained as Annexure No.1 to this writ petition.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to accept the total amount of loan in easy installments.
(iii) Such other relief which this Hon'ble Court deem proper and fit for the petitioner may also given to the petitioner."
Learned counsel for petitioner admits that the petitioner had taken an agricultural loan from the opposite party no.3 Bank and is in default thereof. However, it is submitted that the petitioner is ready and willing to deposit the entire dues as indicated in the recovery certificate in easy installments, if permitted.
Mr. Sharad Tiwari, learned counsel appearing on behalf of Branch Manager, Bank of India (Opposite Party no.3) upon instruction submits that Bank does not have any objection in case, the petitioner is permitted to deposit the amount in easy installment.
Considering the aforesaid facts, the writ petition is disposed of with a direction that the petitioner shall deposit a sum of Rs.50,000/- within a period of four weeks from today. The rest outstanding amount as indicated in the recovery certificate would be deposited by the petitioner in eight equal monthly installments commencing from 16.06.2021.
In case, the deposits are made by petitioner in terms of aforesaid, the impugned recovery proceeding shall remain stayed. However, in case of any default on the part of petitioner, the opposite party would be at liberty to re-initiate the recovery proceeding.
In view of above, the writ petition is disposed of.
(Manish Mathur,J.) Order Date :- 13.4.2021 Subodh/-