Disposed

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

Allahabad HC13 Aug 2018WRIC/27021/2018

Case brief

AI extract

What is this about?

In a writ petition regarding a loan default and recovery citation, the petitioner sought permission to clear dues in installments. The court allowed the prayer, directing a partial deposit within two months followed by four equal instalments. Recovery proceedings were kept in abeyance pending compliance, with automatic vacation of the order upon default.

What did the court decide?

Petitioner permitted to repay in four equal instalments after deposit Rs. 35,000 within two months; recovery proceedings stayed; charges waived upon full payment.

Sundarpal Singh Vs State of U.P. and 3… — Contract and Commercial Disputes | Allahabad HC (2018)

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Court No. - 28

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Case :- WRIT - C No. - 27021 of 2018

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Petitioner :- Sundarpal Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Tiwari Counsel for Respondent :- C.S.C.,Satish Chaturvedi

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Hon'ble Ajay Bhanot,J.

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Heard Shri Sunil Kumar Tiwari, learned counsel for the petitioner, learned Standing Counsel for the respondents No.1, 2 and 3, State and Sri Pankaj Srivastava, learned counsel, holding brief of Sri Staish Chaturvedi, learned counsel for the respondent No.4.

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The petitioner availed the facility of loan from the respondentbank and admittedly, there was a default. The respondent No.3 issued a recovery citation of Rs.1,73,687/- +interest against the petitioner.

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Shri Sunil Kumar Tiwari, learned counsel for the petitioner submits that he had taken an agriculture loan. Learned counsel for the petitioner contends that he does not intend to contest the proceedings on merit and he is ready and willing to liquidate the entire outstanding liability provided he is permitted to do so in installment. However, he will be in a position to deposit some amount.

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Sri Pankaj Srivastava, learned counsel, holding brief of Sri Staish Chaturvedi, learned counsel for the respondent-Bank has no serious objection to the aforesaid submission.

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Before proceeding to consider the prayer granting instalment, the petitioner is an under obligation to establish his bona-fide that not only he is ready but also in a position to clear off the entire dues.

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Considering the aforesaid facts, the writ petition is disposed of providing that the petitioner shall deposit a sum of Rs.35,000/within a period of two months from today. Rest of the amount shall be deposited by the petitioner in four equal instalments. The first instalment shall be deposited by 30th November, 2018, second instalment by 28th February, 2019, third instalment by 31st May, 2019 and the last instalment by 31st August, 2019. After deposit of the third instalment, the bank shall issue a calculation chart indicating up-to-date accrued interest. The outstanding interest shall be calculated till the date of depositing the last instalment. The petitioner shall be under liability to pay the entire interest amount so calculated and the same shall be paid by the petitioner along with the last instalment.

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Any amount deposited by the petitioner after issuance of the recovery notice shall be adjusted.

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The bank shall not take any coercive measures against the petitioner for a period of two months. Thereafter, in case the petitioner keeps depositing the amount as per the above directions, the recovery proceedings against the petitioner shall be kept in abeyance. After deposit of the entire amount, the recovery proceedings shall be dropped finally and the recovery charges shall stand waived.

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It is made it clear that in case of default in payment of any of the instalments as directed aforesaid or the averment that this is the first writ petition is false, this order shall stand automatically vacated and the respondents will be at liberty to realize the entire amount in accordance with law.

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Order Date :- 13.8.2018 Pramod

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

Case brief

What is this about?

What did the court decide?

Sundarpal Singh 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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