Court No. - 42
Case :- WRIT - C No. - 24267 of 2021 Petitioner :- Shivmangal Singh Respondent :- State Of U.P And Another Counsel for Petitioner :- Sanjay Kumar Yadav Counsel for Respondent :- C.S.C.,Manoj Nigam
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and Sri Manoj Nigam, learned counsel appearing for the respondent- Bank and learned Standing Counsel appearing for State respondents.
Present petition has been filed with following prayer:-
"(i) Issue a writ, order or direction in the nature of certiorari to quash the impugned auction notice dated 10.8.2021 issued by the respondent no. 2 under rule 24 of the Regulation 1971 against the petitioner for the recovery of amount of Rs. 1,09,832/-.
(ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 2 to permit the petitioner to deposit entire dues amount in an easy instalment and further be pleased to direct to not take any coercive measure against the petitioner."
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. 1,09,832/- against the petitioner.
Learned counsel for the petitioner submits that he had taken loan under the scheme of Kisan Credit Card. The petitioner is a farmer. He could not repay the loan instalment in time.
Learned counsel for the petitioner 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 does not have any serious objection to the aforesaid submission. He, however, submits that the petitioner should prove his bonafide and ability to pay by depositing some amount within two weeks.
Before proceeding to consider the prayer granting instalment, the petitioner is an under 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 condition that the petitioner shall deposit 25% of the requisite amount within a period of one month from today i.e. by 24.10.2021 before the respondent Bank. Rest of the amount shall be deposited in four equal quarterly monthly instalments. 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.
With the aforesaid observation/ direction, present petition stands disposed of.
Order Date :- 24.9.2021 Aditya Digitally signed by VIVEK KUMAR BIRLA Date: 2021.09.24 14:59:07 IST Reason: Document Owner Location: High Court of Judicature at Allahabad