Allowed

Mahavir Singh v. State of U.P. and 2 Others

Allahabad HC22 Mar 2018WRIC/10537/2018

Case brief

AI extract

What is this about?

This order allowed a petition wherein a borrower agreed to repay a loan in installments. The court stayed recovery proceedings and directed the release of attached property and the petitioner from civil imprisonment upon deposit of the first installment. Default may resume original proceedings.

What did the court decide?

Stay of recovery proceedings, release of attached agricultural land and tractor, and release from civil imprisonment conditional on deposit of first installment.

Mahavir Singh Vs State of U.P. and 2 Others — Execution and Attachment | Allahabad HC (2018)

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Court No. - 2

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Case :- WRIT - C No. - 10537 of 2018

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Petitioner :- Mahavir Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mahesh Kumar Kuntal Counsel for Respondent :- C.S.C.,Manoj Nigam

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Hon'ble Ram Surat Ram (Maurya),J.

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Heard Sri Mahesh Kumar Kuntal, counsel for the petitioner, Standing Counsel for the State respondents and Sri Manoj Nigam, counsel for the respondent-bank.

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Counsel for the p etitioner does not dispute the amount which is sought to be recovered from the petitioner.

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Admittedly, the petitioner took loan from the respondent-Bank concerned out of which petitioner has not paid substantial amount. Counsel for the petitioner submits that the petitioner is ready to deposit whole of the amount in easy installments. Counsel for the Bank states that the anxiety of the Bank is that the amount should be recovered back.

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Accordingly this petition is disposed of with the following directions:

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(i) Petitioner may deposit the entire amount sought to be recovered directly in concerned Bank in 8 equal six monthly installments.

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(ii) The first installment shall be deposited by 30.4.2018 and the rest of installments shall be de posited at interval of six months thereafter. These deposits shall be made before the Branch of the Bank from where the loan was taken.

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(iii) Recovery proceedings during this period will be kept in abeyance. In case petitioner commits default in depositing any of the installments within the above stipulated time, it will be open to the respondents to start the recovery proceedings again by taking coercive process to which the petitioner undertakes not to challenge.

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(iv) Petitioner may file an application for supply of statement of account along with the duly stamped self addressed envelope. In case any such application is filed, the concerned branch of the Bank will give the same to the petitioner after deposit of the first installment within fifteen days and in calculating the arrears, the amount (if any) already paid will be adjusted.

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(v) Property (agricultural land/tractor) belonging to the petitioner, if attached, in connection with recovery proceedings, will be released by the concerned Tehsil authority (unless it has been auctioned) after deposit of first installment and further as soon as the first installment is paid, the property (agricultural land/tractor) of the petitioner shall also be released and the petitioner shall be released from civil imprisonment.

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Order Date :- 22.3.2018 Jaideep/-

Mahavir Singh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Mahavir Singh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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