Court No. - 37
Case :- WRIT - C No. - 26137 of 2020 Petitioner :- Sureshpal And Another Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Amit Malik,Arshid Husain,B. Malik Counsel for Respondent :- C.S.C.,Krishna Mohan Asthana
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the petitioners, Sri G.K. Mishra, Advocate holding brief of Sri K.M. Asthana,learned counsel for respondent-bank and learned Standing Counsel for the State respondents.
By this writ petition, the petitioners have prayed for quashing impugned recovery certificate dated 19.10.2020 of Rs. 5,74,428 has been issued by respondent no.2.
Petitioners had taken a agriculture loan of Rs. 2,50,000/- on 27.12.2013 from the respondent bank for the purpose of Tractor and mortgaged his agricultural land from Kisan Credit Card and had taken another loan of Rs. 2,55,000/- on 30.11.2015 from the respondent bank for the purpose of agricultural equipments and fertilizers and other agricultural purpose from another Kisan Credit Card but due to some reason, the same could not run efficiently. Due to default being committed by the petitioners, recovery has been initiated.
Learned counsel for the petitioner submits that the State Government has already floated a scheme for waiver of agricultural loan of Rs.1 Lac of small and marginal farmers. The petitioners are ready to deposit the entire amount within the time fixed by this Court.
Learned counsel appearing for the bank states that the bank is interested in realizing the entire amount alongwith interest. If the petitioner deposit the amount within the time allowed by this Court, no further action shall be taken against the petitioner by the bank.
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.1,00,000/- within three weeks. 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 petitioners. The outstanding amount shall be deposited by the petitioner in four equal quarterly installments.
2) First installment to be paid on or before 5.3.2021 and thereafter within every three months. The amount shall be deposited by the petitioners in the bank. If the entire amount is deposited by the petitioners as directed above, no recovery charge shall be realized from the petitioners. In case of default in any of the conditions as mentioned above, the present order shall stand automatically vacated and recovery proceedings shall revive.
3) In case the petitioners are covered under the Scheme in question for waiver of agricultural loan, he would be at liberty to move an appropriate application for availing the said benefit.
Order Date :- 6.1.2021 Akbar