Court No. - 38
Case :- WRIT - C No. - 6138 of 2019 Petitioner :- Vansh Gopal Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Ramanuj Yadav Counsel for Respondent :- C.S.C.,Abhishek Sharma
Hon'ble Abhinava Upadhya,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner and Sri Abhishek Sharma, learned counsel for the respondent Bank.
The petitioner had taken a loan for a sum of Rs.1,28,000/- on 7.9.2007 by securing asset as Gata No.2977/1 area 2.661 hectare. The said loan was secured by the petitioner for the purpose of purchasing an auto ricksha.The petitioner claims that he has deposited a sum of Rs.54,800/- towards the loan but due to drought in the area, his business could not pick up and he could not pay further instalments and, therefore, an auction notice was given to the petitioner in 2017. The petitioner claims that he was ill and, therefore, he could not respond to the said auction notice and now a publication in the newspaper has been made on 23.1.2019 fixing 28.2.2019 as the date of auction.
Learned counsel for the petitioner at this stage submits that he accepts the entire liability and is ready to pay the outstanding amount provided some easy instalments are fixed.
It is to be noted that auction notice was issued in 2017 and now, a formal publication has been made in the newspaper. The petitioner did not take any steps towards the earlier auction notice of 2017 and now in 2019 he is filing this writ petition.
Now, looking the physical condition and financial status of the petitioner, it would be appropriate to direct the Bank, respondent No.4 to consider the claim of the petitioner for fixing easy instalment for recovery of loan amount before proceeding for the auction.
The writ petition is accordingly disposed of.
Order Date :- 22.2.2019 VPC (Jayant Banerji,J) ( Abhinava Upadhya,J)