Court No. - 59
Case :- WRIT - C No. - 38911 of 2019 Petitioner :- Shalini Mishra And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Satyendra Kumar Mishra Counsel for Respondent :- C.S.C.,Yashwant Singh
Hon'ble Manoj Kumar Gupta,J.
Heard learned counsel for the petitioners, learned Standing Counsel for the State respondents and Sri Yashwant Siingh learned counsel for the respondent bank.
Learned counsel for the petitioners does not dispute the amount which is sought to be recovered from the petitioners.
Admittedly, the petitioners took loan from the respondent-Bank out of which petitioners have not paid substantial amount. Petitioners submit that they are ready to deposit balance amount in easy installment. Learned counsel for the Bank states that the anxiety of the Bank is that the amount should be recovered back.
Accordingly, this petition is disposed of with the following directions:-
(i) Petitioners may deposit the entire amount sought to be recovered directly in concerned Bank in four equal installments.
(ii) The first installment shall be deposited within one month from today, and rest of installments shall be deposited at interval of three 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, petitioners commit default in depositing any of the installments within the above stipulated time, it will be open to the respondents to resume the recovery proceedings again by taking coercive process.
(iv) Petitioners 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 petitioners within 15 days, after deposit of the first installment. The statement of account will reflect the amount deposited till then and the balance amount still to be paid.
(v) This order will not affect any auction, if it has already taken place. In that event, the petitioners may take appropriate legal proceedings to set aside the auction under U.P.Z.A & L.R. Act and Rules 1952 or file a suit in accordance with law.
(vi) If any fact stated by the petitioners is found to be incorrect, it will be open for the bank authorities to move an application for modification/recall of the order.
(vii) In case all the instalments are deposited as per the schedule fixed by 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 petitioners 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 petitioners and upon communication of the same it would be open to the petitioners 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.
The writ petition stands disposed of with the aforesaid observation and direction.
(Manoj Kumar Gupta, J.) Order Date :- 29.11.2019 skv