Court No. - 18
Case :- WRIT - C No. - 53869 of 2017 Petitioner :- Shiv Prakash Mishra Respondent :- State Of U.P. And Another Counsel for Petitioner :- Dileep Kumar Srivastava Counsel for Respondent :- C.S.C.,Satish Chaturvedi
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the parties.
By means of present modification application, the petitioner is before this Court for a direction to modify the order dated 15.11.2017 by which the Court has fixed installments for payment of loan in question with following observations:-
"On the facts and circumstances of the case and in the interest of justice, I dispose of this writ petition with the following directions:
1) The petitioner shall deposit an amount of Rs.2,00,000/- by 15.01.2018. On depositing the aforesaid amount, the bank shall provide a statement of account within two weeks from the date of deposit after adjusting the amount, if any, already deposited by the petitioner. The outstanding amount shall be deposited by the petitioner in six quarterly installments.
2) First installment be paid on or before 15.04.2018 and thereafter within every three months. 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."
It is contended that due to slip disc problem he could not deposit the first installment, which was due on 15.1.2018 and as such in the interest of justice he may be given some reasonable time to deposit the first installment. It is also contended that due to non-deposit of first installment the tractor in question, which was pledged by the bank was seized and as such it is requested that after deposit of first installment, the tractor in question may also be directed to be released.
On the other hand, learned counsel for the bank has contended that there was every likelihood that the petitioner would sell the tractor and as such the same was seized. It is also contended by him that the endeavour of the bank is to realise the entire outstanding amount. However, the petitioner may be restrained to sell the tractor until the entire outstanding amount is cleared by the petitioner. The said proposal has been accepted by learned counsel for the petitioner.
Considering the facts and circumstances of the case, in the interest of justice and with the consent, the modification application stands allowed giving liberty to the petitioner to make first installment, which was due on 15.1.2018, within 15 days from today. After deposit of first installment the bank will provide fresh statement of account to the petitioner. The remaining portion of the order dated 15.11.2017 would remain the same. After deposit of first installment, in case petitioner gives clearcut undertaking to the bank that he will not sell the tractor in question until the entire outstanding amount is cleared by the petitioner, the tractor in question may be released. In case of default, this order shall stand vacated automatically.
Order Date :- 30.4.2018 SP/