Disposed

Roop Kishor and 2 Others v. State of U.P. and 3 Others

Allahabad HC6 Jul 2018WRIC/22745/2018

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking bail in recovery proceedings. The Court granted stay conditionally upon payment of dues in installed installments to the bank and waived recovery charges if compliance is met.

What did the court decide?

Recovery proceedings stayed conditioned on payment of dues in installments; recovery charges waived if schedule is followed.

Roop Kishor and 2 Others Vs State of U.P… — Contract and Commercial Disputes | Allahabad HC (2018)

¶1

Court No. - 36 Case :- WRIT - C No. - 22745 of 2018 Petitioner :- Roop Kishor And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Singh Counsel for Respondent :- C.S.C.,Krishna Mohan Asthana Hon'ble Mrs. Sunita Agarwal,J.

¶2

Heard learned counsel for the petitioner, learned Standing counsel and Sri Krishna Mohan Asthana learned counsel for the respondent Bank.

¶3

The petitioner had taken a loan and was unable to pay the installments on time. Consequently, recovery proceedings have been instituted to recover the balance amount.

¶4

There is no illegality in the recovery proceeding but the petitioner contends that he is willing to pay the entire amount in installments.

¶5

Learned Standing Counsel as well as counsel for the Bank are agreeable to the prayer made by the petitioner provided he repays the entire dues with interest regularly.

¶6

Considering the aforesaid facts, the writ petition is disposed of with the following directions:-

¶7

The recovery proceedings shall remain in abeyance provided;

¶8

(1) The petitioner pays the entire outstanding amount with upto date interest in eight equal installments to be deposited before the revenue authorities.

¶9

(2) The first installment of Rs.250000/- shall be paid on or before 7th August 2018.

¶10

(3) On deposit of the first installment, the respondent bank would furnish the complete statement of accounts showing all the deposits which have been made by the petitioner till date and the balance amount payable.

¶11

(4) Rest of the amount shall be deposited by the petitioner in seven quarterly installments.

¶12

(5) Any amount already deposited shall be given adjustment.

¶13

(6) The petitioner shall make deposit of the last installment along with upto date interest.

¶14

(7) In the event of default in any of the installments, it would be open to the respondents to recover the amount forthwith.

¶15

(8) As only the citation has yet been issued and the recovery has not been proceeded with, it is,therefore, directed that, in case, the petitioner makes deposit as per the schedule above, no recovery charges shall be realised from him.

¶16

Order Date :- 6.7.2018/Himanshu

Roop Kishor and 2 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Roop Kishor and 2 Others 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

Parties & counsel

Coram

Case details

Similar cases

Smt. Ranjana Devi and Another Vs State of U.P. and 2 Others

M/S Kanpur Fertilizers and Cement Limited Vs State of U.P. and 2 Others

M/S Kanpur Fertilizers and Cement Limited Vs State of U P and 2 Others

Krishna Bihari Vs State of U.P. and 2 Others

Murari Tiwari Vs State of U P and 3 Others

Sh. Aruna Pathak Vs the Presiding Officer, Cent. Govt. Industrial Tribunal Cum Labour Court Kanpur and Another