This writ petition was disposed of as settlement talks between the petitioner and the respondent bank were ongoing. The Court directed the bank to withdraw the recovery certificate upon loan set-off.
Directing the bank to withdraw the recovery certificate upon final settlement and set-off of the loan.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 36
Case :- WRIT - C No. - 31507 of 2018
Petitioner :- Natthu Lal Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Ashutosh Prasad Shukla Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
A statement has been made by Sri Rakesh Mishra, learned Advocate appearing for the respondent bank that a compromise had been entered between the bank and the petitioner/borrower.
As per the compromise proposal, the petitioner has deposited a sum of Rs. 11,50,000/- after granting benefit of the Debt Waiver Relief Scheme.
It is further contended that the proposal submitted by the petitioner before the Branch Manager has been recommended for consideration before the higher Authority, which has yet not been approved.
No definite statement has been made by the learned counsel for the respondent bank as to whether the loan of the petitioner has been set off.
However, it appears that talks of settlement are still underway and as such, this Court does not find any purpose to keep the writ petition pending.
In view thereof, the present writ petition is being disposed of with the observations as follows:-
(i) The petitioner shall approach the respondent bank for final settlement of the loan and withdrawal of the recovery certificate.
(ii) In case, a compromise is arrived between the bank and the petitioner and the loan is set off, the bank would be under obligation to withdraw the recovery certificate.
It goes without saying that in case of withdrawal of the recovery certificate, no recovery charges can be levied as per the law laid down by a Full Bench decision of this Court in the case of Maharajwa and others Vs. State of U.P. reported in 2013 (1) ADJ 426 .
Order Date :- 15.11.2018 Brijesh
Colour shows how this judgement treated each authority
Maharajwa and others Vs. State of U.P.Referred¶13
2013 (1) ADJ 426
1 provisions across 1 enactments
Natthu Lal
State Of U.P.
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
