Disposed

Tilak Singh v. State of U.P. and 3 Others

Allahabad HC24 Apr 2018WRIC/14800/2018

Case brief

AI extract

What is this about?

This petition challenged recovery proceedings and an auction notice for an agricultural loan default. The court disposed of the petition allowing the petitioner to deposit dues in quarterly installments, keeping recovery proceedings in abeyance pending full payment and conditional release of attached property.

What did the court decide?

Recovery proceedings stayed; petitioner allowed to deposit dues in 8 quarterly installments; attached property to be released upon first payment.

Tilak Singh Vs State of U.P. and 3 Others — Banking and Recovery | Allahabad HC (2018)

¶1

Court No. - 33

¶2

Case :- WRIT - C No. - 14800 of 2018

¶3

Petitioner :- Tilak Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satya Narayan Gupta Counsel for Respondent :- C.S.C.,Rohit Yadav

¶4

Hon'ble Manoj Misra,J.

¶5

Heard learned counsel for the petitioner; the learned Standing Counsel for the State respondents 1 and 2; and Sri Rohit Yadav for the respondent nos. 3 and 4-bank.

¶6

The present petition has been filed for challenging the recovery proceeding as well as auction notice dated 19.03.2018, fixing 19.04.2018 as the date of the auction, for recovery a sum of Rs. 532860/- from the petitioner towards dues payable in respect of agricultural credit facility availed by the petitioner from the respondent-bank.

¶7

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

¶8

Learned counsel for the petitioner states that although 19.04.2018 was the last date fixed for auction but the auction did not take place on the said date and, now, the petitioner is ready to deposit amount due in installments.

¶9

Admittedly, the predecessor-in-interest of the petitioner took loan from the respondent-Bank concerned out of which substantial amount has not been paid. Petitioner submits that he 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 is recovered back.

¶10

Accordingly this petition is disposed of with the following directions:

¶11

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

¶12

(ii) The first installment shall be deposited by 15.05.2018 and the rest of installments shall be deposited at intervals of three months thereafter. These deposits shall be made with the Branch of the Bank from where the loan was taken.

¶13

(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.

¶14

(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

¶15

adjusted.

¶16

(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 already been auctioned) after deposit of first installment. However, unless the property has already been auctioned, no third property right shall be created by the petitioner in either mortagaged or hypothecated property till entire bank dues are cleared.

¶17

(vi) If the installments are deposited as per the schedule fixed in this order, the recovery of collection charges would remain in abeyance till such time the Collector takes a decision and determines the collection charges/fee payable as per the legal provisions and in the light of Full Bench decision of this Court in the case of Maharajwa and others versus State of U.P. and others, reported in 2013(1) ADJ 426 (FB) . Upon determination of collection charges/fee the Collector will communicate the same to the petitioner upon which the petitioner would either deposit the same within a period of 30 days or, if not satisfied, would be at liberty to assail the same in appropriate proceedings.

¶18

Order Date :- 24.4.2018 Sunil Kr Tiwari

Tilak Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Tilak Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mahendra Singh Vs State of U.P. and 4 Others

Anoop Chandra Soni Vs Additional District Judge Ii, Gautam Buddh Nagar and 2 Others

Surendra Singh Vs State of U.P. and 2 Others

Quavi Ahmad Vs State of U.P. and Another

Bhagwat Swaroop Vs District Judge and 3 Others

Moti Lal and Another Vs Shivdhani and 13 Others