Hon'ble Saumitra Dayal Singh,J.
1. Heard Shri Ajay Kumar Mishra, learned counsel for the petitioner, learned Standing Counsel for the State and Shri Brahmanand Singh, learned counsel for the respondent-Bank.
2. Petitioner is aggrieved by the recovery of Rs. 9,68,965/- issued against her under the recovery citation dated 23.01.2021. The petitioner claims to have repaid Rs. 2,00,000/- since then.
3. At the outset, learned counsel for the petitioner states that the petitioner is willing to deposit the entire amount in easy installments, if some time is granted as her husband died yesterday.
4. In such circumstances, learned counsel appearing for the respondent-bank has accepted the proposal to accept the payment in six easy installments.
5. In view of the offer made by the petitioner, no useful purpose would be served in keeping the present petition pending or calling for a counter affidavit, at this stage. Present writ petition is accordingly disposed of with the following directions:-
(i) The petitioner shall clear the entire due, within a period of seven months i.e. not later than 31 March 2022.
(ii) In discharge of dues, the petitioner shall pay five equal installments of Rs. 1,00,000/- each, payable on or before 30 September 2021, 31 October 2021, 30 November 2021, 31 December 2021 and 31 January 2022, respectively.
(iii) The balance amount may be paid by way of sixth installment on or before 28 February 2022.
(iv) Upon deposit of first installment made by the petitioner, the respondent-Bank shall immediately communicate to the petitioner the exact amount due after granting adjustment that may have been deposited by the petitioner before issuance of the recovery citation. Also the respondent-Bank shall communicate the petitioner the correct statement of account including interest computation on reducing balance.
(v) The amount of interest being claimed by the respondent-Bank may be paid on or before 31 March 2022.
6. Subject to the petitioner complying with the terms of this order, recovery proceedings shall remain stayed.
7. In case of default of the conditions as mentioned above, the present order shall stand automatically vacated and recovery proceedings shall revive from that stage.
Order Date :- 25.8.2021 Saurabh