Petitioner sought quashing of auction notice for Gramin Rozgar Yojna loan default. Court held recovery under UP Recovery Act is legal and dismissed petition against fixing instalments.
Writ petition dismissed; no instalments fixed by court.
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Court No. - 39
Case :- WRIT - C No. - 33474 of 2018
Petitioner :- Avnish Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Yadav Counsel for Respondent :- C.S.C.,Sudha Pandey
Hon'ble B. Amit Sthalekar,J. Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Navneet Kumar Mishra holding brief of Sri Sunil Kumar Yadav, learned counsel for the petitioner, Ms. Sudha Pandey, learned counsel for respondent No.4 and learned A.G.A. appearing on behalf of State-respondent Nos.1, 2 and 3.
The writ petition has been filed by the petitioner seeking quashing of the impugned auction notice dated 13.12.2017 issued by the respondent No.3 demanding Rs.3,15,368/- plus other charges.
The impugned notice has been issued to the petitioner on account of default in the repayment of the loan of Rs.6,00,000/taken by him from respondent No.4, Punjab National Bank, Branch and District Etah under the Gramin Rozgar Yojna.
It is not disputed that Gramin Rozgar Yojna is a State sponsored scheme. If there is default in the repayment of loan amount, recovery under Section 3 of the Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972 can always be issued.
We, therefore, do not find any illegality or infirmity in the impugned notice dated 13.12.2017.
Learned counsel for the petitioner then prayed that some easy instalments may be fixed to enable the petitioner to pay the remaining loan amount.
In our opinion, its not a business of the High Court to fix the instalments by entering into commercial transaction between the parties.
The petitioner may approach the respondent-Bank, if so advised.
Accordingly, the writ petition is dismissed.
Order Date :- 3.10.2018 Nitin Verma
2 issues framed by the court
Whether quashing of auction notice issued for loan default is justified.
Whether High Court can fix instalments for repayment of loan.
2 provisions across 2 enactments
Avnish Kumar
State Of U.P.
Punjab National Bank, Branch and District Etah
2 Others
3 Others
B. Amit Sthalekar
Surya Prakash Kesarwani
As recorded by the court registry
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