Court No. - 37
Case :- WRIT - C No. - 26754 of 2020 Petitioner :- Vijay Shankar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ganesh Mani,Indradeo Counsel for Respondent :- C.S.C.,Ashish Agrawal
Hon'ble Rajiv Joshi,J.
Heard Sri Ganesh Mani, learned counsel for the petitioner and Sri Lajpat Rai holding brief of Sri Ashish Agarwal, 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. 3,87,954/- against the petitioner.
Learned counsel for the petitioner submits that he had taken loan under the scheme of Kisan Credit Card. The petitioner is a farmer. He could not repay the loan instalment in time. Learned counsel for the petitioner further 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 petitioner is ready to deposit the entire amount within the time fixed by this Court.
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 an 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 petitioner shall remain stayed subject to the following conditions:
1. The petitioner shall deposit a sum of Rs. 1,00,000/- (Rupees One Lakh) within a period of four 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 05.05.2021 and thereafter within every three months. The amount shall be deposited by the petitioner in the bank.
3) In case the petitioner is 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.
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 :- 6.1.2021 Noman