Court No. - 33
Case :- WRIT - C No. - 15372 of 2018 Petitioner :- Smt. Subihiti Respondent :- U.P. Sahkari Gram Vikas Bank Ltd. And Another Counsel for Petitioner :- Abhay Raj Yadav Counsel for Respondent :- Narendra Kumar Giri
Hon'ble Manoj Misra,J.
Heard learned counsel for the petitioner; and Sri N.K. Giri for the respondent-bank.
The case of the petitioner is that her husband had obtained loan from the respondent bank in the year 2009 for agricultural purpose. He could not pay off the loan amount because the land got submerged in water. To recover loan dues, the bank forwarded a recovery certificate seeking to recover Rs.1,50,262/- by auction sale of the mortgaged land.
The learned counsel for the petitioner has submitted that the petitioner is prepared to pay off the loan dues in convenient installments, if penal interest is waived off.
Sri N.K. Giri, who appears for the bank, has stated that on 5th April, 2018, a scheme has been floated by way of OTS scheme 2018 whereunder, in case the amount payable is deposited within specified period, rebate is to be offered to the defaulter on the interest amount chargeable. He has accordingly suggested that the petitioner may avail benefit of said scheme. He submits that in case the petitioner avails benefit of the said OTS scheme, then the bank shall consider the case of the petitioner as per the terms of the OTS scheme.
The learned counsel for the petitioner prays that this petition be disposed of by giving liberty to the petitioner to avail the benefit of OTS Scheme, 2018.
In view of the above, without expressing any opinion on the merit of claim of either side, this petition is disposed of by giving liberty to the petitioner to approach the respondent-bank with an application to avail benefit of OTS Scheme 2018. If any such application is filed along with certified copy of this order, within two weeks from today, the respondent bank shall take an appropriate decision on the said application and shall provide statement of account as well as necessary advise to the petitioner, within next two weeks, as regards the amount due and the manner in which it is to be paid by the petitioner for availing benefit of OTS Scheme, 2018. Upon receipt of such advise from the bank, if the petitioner fulfils the instructions so provided, the petitioner shall be provided the benefit of the scheme.
Order Date :- 30.4.2018 AKShukla/-