Disposed

Usman Khan v. State of U.P. and 5 Others

Allahabad HC12 Apr 2018WRIC/12836/2018

Case brief

AI extract

What is this about?

In a writ petition, the court addressed the petitioner's lack of account statement hindering access to the bank's One Time Settlement Scheme. The court disposed of the petition by directing the bank to provide the statement and inform about formalities if the petitioner files an application within three weeks.

What did the court decide?

The petitioner was granted liberty to move an application before the Bank's Branch Manager. Upon receipt, the Manager must provide the statement of account and details for the One Time Settlement Sche

Usman Khan Vs State of U.P. and 5 Others — Public Procurement and Tenders | Allahabad HC (2018)

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Court No. - 33

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Case :- WRIT - C No. - 12836 of 2018

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Petitioner :- Usman Khan Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Santosh Kumar Srivastava Counsel for Respondent :- C.S.C.,Manoj Nigam

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Hon'ble Manoj Misra,J.

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Heard learned counsel for the petitioner; learned Standing Counsel for respondents 1, 4, 5 and 6 and Sri Rohit Yadav holding brief of Sri N.K. Giri for respondents 2 and 3.

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The present petition has been filed for direction upon the respondents to provide statement of account to the petitioner and to accept the balance amount in convenient instalments and not to take coercive steps against the petitioner.

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On 9th April, 2018, the Court had required the counsel for the petitioner to file supplementary affidavit to bring on record the recovery certificate/recovery citation.

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Pursuant to the order dated 9th April, 2018, learned counsel for the petitioner has produced document so as to suggest that recovery certificate had been issued in the year 2015.

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Learned counsel for the petitioner states that the petitioner was not aware of such recovery certificate and no citation was served upon the petitioner.

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Sri Rohit Yadav, who represents respondents 2 and 3, states that the Bank has notified One Time Settlement (OTS) Scheme 2018 vide circular dated 5th April, 2018 under which several benefits have been provided to defaulters in case they deposit certain amount within the prescribed period. He, accordingly, suggests that the petitioner should avail benefit of OTS Scheme 2018.

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Learned counsel for the petitioner states that he is willing to avail the benefit of OTS Scheme 2018 provided the bank furnishes statement of account to the petitioner.

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In view of above, this petition is disposed of by giving liberty to the petitioner to move comprehensive application before the Branch Manager of the bank concerned. If any such application is filed along with certified copy of this order, within three weeks from today, the Manager concerned shall provide statement of account to the petitioner within next two weeks and shall also inform the petitioner about the formalities to be completed by him for the purpose of availing benefit of OTS Scheme 2018. In case the petitioner complies with the formalities to avail

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the benefit of OTS Scheme 2018, as provided by the bank, no coercive steps shall be taken against the petitioner pursuant to the recovery proceeding. However, if the petitioner commits default in complying with the requisite formalities required under OTS Scheme 2018, the bank shall be at liberty to take coercive steps against the petitioner, in accordance with law, for recovery of the dues.

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Order Date :- 12.4.2018. Rks.

Usman Khan v. State of U.P. and 5 Others

Case brief

What is this about?

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Usman Khan v. State of U.P. and 5 Others

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