Disposed

Sharda Devi v. District Magistrate Mau and 3 Others

Allahabad HC22 Nov 2018WRIC/38274/2018

Case brief

AI extract

What is this about?

The court disposed of a writ petition filed by a petitioner facing bank recovery proceedings. The court stayed recovery actions contingent upon the repayment of outstanding dues with interest in specified installments and the return of confiscated assets.

What did the court decide?

Recovery proceedings stayed pending payment of Rs 50,000 initially and remaining dues in equal subsequent quarterly installments with interest.

Sharda Devi Vs District Magistrate Mau… — Contract and Commercial Disputes | Allahabad HC (2018)

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Court No. - 36 Case :- WRIT - C No. - 38274 of 2018 Petitioner :- Sharda Devi Respondent :- District Magistrate Mau And 3 Others Counsel for Petitioner :- Dharmaveer Singh Counsel for Respondent :- C.S.C.,Satish Chaturvedi

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Hon'ble Mrs. Sunita Agarwal,J.

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Heard learned counsel for the petitioner and Sri P.P. Srivastava, learned counsel for the respondent bank.

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Upon instruction, learned counsel for the respondent bank informed that an amount of Rs. 4,82,811/- with interest is due against the petitioner.

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Learned counsel for the petitioner, at the outset, submits that the petitioner is ready and willing to repay the outstanding dues, in case, she is provided with some indulgence by allowing to repay the same in easy 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 amount of Rs. 50,000/- shall be paid by the petitioner within a period of one month from today.

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(3) On the deposit of the aforesaid amount, the respondent bank shall return the tractor to the petitioner's husband confiscated by it and would also 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 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 :- 22.11.2018/Brijesh

Sharda Devi v. District Magistrate Mau and 3 Others

Case brief

What is this about?

What did the court decide?

Sharda Devi v. District Magistrate Mau and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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