Court No. - 18
Case :- WRIT - C No. - 35790 of 2018 Petitioner :- Vishnu Dev Respondent :- State Of U P And Another Counsel for Petitioner :- Rakesh Narain Shukla Counsel for Respondent :- C.S.C.,Parshuram Chaubey
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner, Sri Parshuram Chaubey, learned counsel appearing for the second respondent and learned Standing Counsel for the State respondent no.1.
By this writ petition, the petitioner has prayed for direction commanding the respondent bank to release the Tractor No.UP70CQ-2018 seized by the respondent bank on 16.3.2018.
Learned counsel for the petitioner submits that the petitioner had taken a tractor loan of Rs.4,00,000/- from the respondent bank in the year 2014. Due to default being committed by the petitioner, recovery has been initiated. The said recovery has been assailed by the petitioner in Writ C No.24188 of 2018 (Vishnu Devi vs. State of UP and another) and the said writ petition was disposed of by this Court on 19.7.2018.
Learned counsel for the petitioner precisely submits that at no point of time the petitioner had made any default in payment of the loan amount as schedule has been fixed by this Court in the aforesaid writ petition but at the same time in case the tractor is not released then the petitioner would suffer irreparable loss and injury.
On the other hand, learned counsel appearing for the respondent bank submits that in case the next instalment is paid on or before the date fixed by this Court then definitely the bank would proceed to consider for release of the tractor in question.
On the facts and circumstances of the case and in the interest of justice, I dispose of this writ petition with direction that in case the petitioner deposits the next instalment on or before the time stipulated by this Court in Writ C No.24188 of 2018, the respondent bank would consider and redress the request of the petitioner for release of the tractor in question thereafter.
Order Date :- 27.10.2018 RKP