Court No. - 2
Case :- WRIT - C No. - 11423 of 2018 Petitioner :- Seth Yadav @ Shriram Yadav Respondent :- State Of U.P. And Another Counsel for Petitioner :- Manoj Yadav Counsel for Respondent :- C.S.C.,Ashish Agrawal
Hon'ble Ram Surat Ram (Maurya),J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Uttam Singh counsel for the respondent-bank.
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 till today, the loan account of the petitioner has not been declared as "Non Performing Asset". Therefore, the writ petition is premature and is not maintainable.
Since the petitioner wants to pay the entire dues in respect of his loan , therefore, the writ petition is disposed of with the following directions:
(i) Petitioner may deposit the entire amount sought to be recovered directly in concerned Bank in eight equal six monthly installments.
(ii) The first installment shall be deposited by 30.4.2018 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.
(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 undertake 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.
Order Date :- 29.3.2018 Rahul /-