Court No. - 37
Case :- WRIT - C No. - 23552 of 2020 Petitioner :- Vijay Pal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Virendra Singh Tomar,Mohd. Naushad Counsel for Respondent :- C.S.C.,Krishna Mohan Asthana
Hon'ble Rajiv Joshi,J.
Heard Sri Virendra Singh Tomar, learned counsel for the petitioner and Sri Gyanesh Kumar Mishra holding brief of Sri Krishna Mohan Asthana, learned counsel for the respondent- Bank.
The petitioner availed the facility of loan from the respondent- bank and admittedly, there was a default. The respondent bank issued a recovery citation of Rs. 2,94,499/- plus other recovery chages against the petitioner.
Learned counsel for the petitioner submits that he had taken loan for purchasing agricultural instrument for agricultural purposes. The petitioner is a farmer. He could not repay the loan instalment in time.
Learned counsel for the petitioner contends that he does not intend to contest the proceedings on merit and he is ready and willing to liquidate the entire outstanding liability provided he is permitted to do so in instalments.
Learned counsel for the respondent-Bank does not have any serious objection to the aforesaid submission. He, however, submits that the petitioner should prove his bonafide and ability to pay by depositing some amount within two weeks.
Before proceeding to consider the prayer granting instalment, the petitioner is under obligation to establish his bona-fide that not only he is ready but also in a position to clear off the entire dues.
In view of the submissions made by learned counsel at the Bar, the recovery proceedings against the petitioners shall remain stayed subject to the following conditions:
1. The petitioner shall deposit a sum of Rs. 50,000/- (Rupees Fifty Thousand) within a period of two weeks from today before the respondent Bank. Rest of the amount shall be deposited in four equal quarterly monthly instalments.
2) First instalment be paid on or before 23.04.2021 and thereafter within every three months. The amount shall be deposited by the petitioner in the bank.
If the entire amount is deposited by the petitioner as directed above, no recovery charge shall be realized from the petitioner.
In case of default in any of the conditions as mentioned above, the present order shall stand automatically vacated and recovery proceedings shall revive.
The writ petition is disposed of.
Order Date :- 8.1.2021 Noman