Disposed

Shiv Dayal v. State of U P and 3 Others

Allahabad HC30 Aug 2018WRIC/29105/2018

Case brief

AI extract

What is this about?

Petitioner, unable to pay loan installments, sought condonation of recovery proceedings. Court allowed recovery to remain in abeyance provided petitioner pays dues and interest in equal installments, embedding conditional waiver of recovery charges and specific payment timelines.

What did the court decide?

Recovery proceedings to remain in abeyance subject to repayment of entire dues with interest in equal installments, waiver of recovery charges upon compliance, and immediate recovery eligibility in ca

Shiv Dayal Vs State of U P and 3 Others — Contract and Commercial Disputes | Allahabad HC (2018)

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Court No. - 36

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Case :- WRIT - C No. - 29105 of 2018 Petitioner :- Shiv Dayal Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Kailash Prasad Pandey Counsel for Respondent :- C.S.C.,Parshuram Chaubey

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Hon'ble Mrs. Sunita Agarwal,J.

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Heard learned counsel for the petitioner, learned Standing Counsel and Shri Parshuram Chaubey, learned counsel for the respondent Bank.

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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.

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

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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.

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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 up-to-date interest in equal installments to be deposited before the bank authorities.

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(2) The first installment of Rs.1,00,000/- shall be paid within a period of one month

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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 six equal 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 :- 30.8.2018/Jyotsana

Shiv Dayal v. State of U P and 3 Others

Case brief

What is this about?

What did the court decide?

Shiv Dayal 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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