Disposed

Diwakar Upadhayay v. State of U.P. and 3 Others

Allahabad HC23 Jul 2018WRIC/24079/2018

Case brief

AI extract

What is this about?

The High Court granted liberty to the petitioner to file a separate writ petition regarding a KCC loan while staying recovery proceedings on a tractor loan. The court directed the petitioner to repay the outstanding amount in eight installments to the revenue authorities.

What did the court decide?

Recovery proceedings stayed subject to repayment of outstanding amount with interest in eight installments to revenue authorities.

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

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Court No. - 36 Case :- WRIT - C No. - 24079 of 2018 Petitioner :- Diwakar Upadhayay Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Srivastava Counsel for Respondent :- C.S.C.,Satish Chaturvedi

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Hon'ble Mrs. Sunita Agarwal,J.

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Instruction supplied by learned counsel for the Bank is taken on record.

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A perusal thereof indicates that there are two loan accounts of the petitioner outstanding in loan account no.32679448329 for purchase of tractor is ten lac and odd.

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Learned counsel for the petitioner has confined the prayer in the present petition for the loan account open for purchase of tractor. For the loan under KCC scheme recovery of which has been clubbed in the recovery citation dated 21.05.2018, the petitioner is granted liberty to file separate writ petition.

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He further submits that the petitioner is ready and willing to repay the entire outstanding in case, he allowed to do so in easy installment.

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To this submission Sri P.P. Srivastava learned counsel for the bank and learned Standing Counsel have no objection.

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

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The recovery proceedings shall remain in abeyance provided;

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

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(2) The first installment of Rs.2,50000/- shall be paid on or before 24th August 2018.

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(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.

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

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

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

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

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(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.

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Order Date :- 23.7.2018/Himanshu

Diwakar Upadhayay v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Diwakar Upadhayay 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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