Allowed

Nathuram v. State of U.P. and 3 Others

Allahabad HC4 Jun 2018WRIC/20959/2018

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What is this about?

The court disposed of a writ petition filed by a debtor facing default recovery proceedings. A stay on coercive recovery actions was granted contingent upon payment of dues in six quarterly instalments and verification of the bank account.

What did the court decide?

Coercive action stayed if petitioner deposits the entire legally due amount in six equal quarterly instalments commencing 15.07.2018 and obtains an updated loan account.

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

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Court No. - 7

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Case :- WRIT - C No. - 20959 of 2018

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Petitioner :- Nathuram Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satya Narayan Gupta Counsel for Respondent :- C.S.C.,Habib Ahmad

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Hon'ble Surya Prakash Kesarwani,J.

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Heard Sri S. N. Gupta, learned counsel for the petitioner, learned Standing counsel for the State-respondent Nos.1, 2 and 3 and Sri Habib Ahmad, learned counsel for respondent No.4.

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Learned counsel for the petitioner submits that the petitioner is an agriculturalist who has taken agricultural loan but could not re-pay it which resulted in issuance of recovery certificate dated 03.07.2017 for Rs.3,56,906/-. The loan was taken for purchasing a tractor. He further states that about five lakhs have been paid and yet recovery is being shown without furnishing copy of the account. He submit that the petitioner is ready to deposit the entire legally due amount in six equal quarterly instalments.

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Learned counsel for respondent No.4 on instruction agreed to the request made by the learned counsel for the petitioner.

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In view of the aforesaid this writ petition is disposed of directing as under:

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(i) The petitioner shall approach the respondent No.4 within a week along with a certified copy of this order and thereafter the respondent No.4 shall give him a copy of his up to date loan account.

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(ii) The petitioner shall deposit with the respondent No.4 the entire amount in six equal quarterly instalment commencing from 15.07.2018.

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(iii) The first instalment shall be deposited on 15.07.2018. If the petitioner deposits the first instalment and continues to deposit the remaining instalments as aforesaid, no coercive action shall be taken against him pursuant to the impugned recovery certificate dated 03.07.2017.

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In the event, either of the conditions as aforementioned are not complied with by the petitioner, the protection as given above shall automatically stands vacated and the respondent shall be free to recover the amount due from the petitioner, in accordance with law.

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The writ petition is disposed of subject to the directions given above.

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If the amount is deposited by the petitioner with the respondent-Bank in the manner as provided above, no recovery charge shall be collected by the respondent from the petitioner.

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Order Date :- 4.6.2018

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Nitin Verma

Nathuram v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Nathuram v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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