Court No. - 36
Case :- WRIT - C No. - 19817 of 2019 Petitioner :- Smt. Shanti Devi And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rupesh Srivastav Counsel for Respondent :- C.S.C.,Manoj Nigam
Hon'ble Ajay Bhanot,J.
Heard Sri Rupesh Srivastava, learned counsel for the petitioners and Sri Manoj Nigam, learned counsel for the respondent Bank.
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. 3,57,000/- against the petitioner.
Sri Rupesh Srivastava, learned counsel for the petitioners submits that he had taken an agricultural loan. The petitioners are farmers. He could not repay the loan instalment in time. Learned counsel for the petitioners 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 Manoj Nigam, learned counsel for the respondent Bank on the basis of instructions submits that the amount due against the petitioners is 3,90,713/-. The respondent Bank shall file an affidavit in this regard before the Registrar.
Sri Manoj Nigam, learned counsel for the respondent-Bank does not have any serious objection to the aforesaid submission in case, the petitioners do not object to the amount which outstanding to them. He, however, submits that the petitioners should prove their bonafide and ability to pay by depositing some amount within 15 days.
Sri Rupesh Srivastava, learned counsel submits that the petitioner does not dispute the said amount dues as disclosed by Sri Manoj Nigam, learned counsel for the respondent Bank and under takes to repay the amount in instalments fixed by this Court.
Before proceeding to consider the prayer granting instalment, the petitioners are under an 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 following conditions:
1. The petitioners shall deposit a sum of Rs. 40,713/- within a period of 15 days from today before the respondent Bank. Rest of the amount shall be deposited in four equal three monthly instalments.
2. The first instalment amounting to Rs. 87,500/- shall be deposited by the petitioners on 1st August, 2019. Second instalment amounting to Rs. 87,500/- shall be deposited by the petitioner on 1st November, 2019. Third instalment amount to Rs. 87,500/- shall be deposited by the petitioner on 1st February, 2020 and the last instalment amounting to Rs. 87,500/- shall be deposited by the petitioner on 1st May, 2020.
3. Before the last instalment i.e. 1st May, 2020, the respondent Bank shall issue a chart indicating up to date accrued interest payable by the petitioner.
4. The amount of interest, amount thus so provided to the petitioners by the Bank, shall be deposited by the petitioners along with the last instalment of Rs. 87,500/- on 1st May, 2020.
The recovery proceedings against the petitioners shall remain stayed provided the above mentioned directions are complied with by the petitioners.
It is made it clear that in case violation of above directions or in the event of default in payment of any of the instalments as directed aforesaid this order shall stand automatically vacated and the respondent Bank will be at liberty to initiate recovery proceedings in accordance with law.
It is further provided that in case the entire amount is deposited in the manner aforesaid, the recovery charges against the petitioners shall be dropped.
The writ petition is disposed of finally.
Order Date :- 4.6.2019 Pravin