Court No. - 39
Case :- WRIT - C No. - 35818 of 2018 Petitioner :- Ussak Ahmad Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Deepak Kumar Tripathi Counsel for Respondent :- C.S.C.,Rohit Yadav
Hon'ble B. Amit Sthalekar,J. Hon'ble Rajiv Joshi,J.
Heard Sri Deepak Kumar Tripathi, learned counsel for the petitioner, Sri Rohit Yadav, learned counsel for respondent no.4 and learned Standing Counsel for respondents no. 1 to 3.
The petitioner in the writ petition is seeking quashing of an auction notice dated 19.9.2018, issued by the respondent no.4, U.P. Sahkari Gram Vikas Bank Ltd. Branch Sirathu, Kaushambi.
According to the petitioner, he has taken a loan of Rs. 20,000/- from the respondent - Bank for cycle repairing and as of now, the loan amount has increased to Rs. 85,452/-. The petitioner prays that some easy instalments may be fixed to enable him to repay the outstanding dues.
We are of the firm view that if the petitioner has taken a loan from the Bank under certain terms and conditions then this Court cannot interfere with those terms and conditions and fix instalments for repayment of the loan. It is for the petitioner to negotiate the terms and conditions of repayment and instalments within which he can repay the amount, with the Bank itself.
Sri Rohit Yadav, learned counsel for the respondent no. 4 further informs that One Time Settlement Scheme is already in operation and the petitioner may apply to the Bank under onetime settlement scheme.
Considering all these facts, we do not find any good ground for interference in the writ petition. The writ petition is accordingly dismissed.
The petitioner may approach the concerned Bank if so advised.
Order Date :- 29.10.2018 Vandana