Disposed

Sumit Sirohi v. State of U P and 2 Others

Allahabad HC5 Dec 2018WRIC/39908/2018

Case brief

AI extract

What is this about?

The Single Judge disposed of the writ petition challenging a recovery citation issued against a farmer-loaner. The Court directed the petitioner to deposit the loan amount in installments, ensuring transparency in the bank's account statement, and granted exemption from recovery charges contingent upon full compliance by the petitioner, a farmer.

What did the court decide?

Petitioner directed to deposit total amount in eight installments; bank to provide detailed account statement; recovery charges waived if conditions met; proceedings to revive on default.

Sumit Sirohi Vs State of U P and 2 Others — Contract and Commercial Disputes | Allahabad HC (2018)

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Court No. - 7

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Case :- WRIT - C No. - 39908 of 2018

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Petitioner :- Sumit Sirohi Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Devendra Saini Counsel for Respondent :- C.S.C.,Brahmanand Singh

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Hon'ble Saumitra Dayal Singh,J.

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Heard learned counsel for the petitioner and Shri Brahmanand Singh, learned counsel for the respondent-Bank.

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With the consent of learned counsel for the parties, this writ petition is being disposed of at this stage without calling for a counter affidavit.

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This writ petition has been filed against the impugned recovery citation dated 26.11.2018 issued by the Tehsildar, Behat, Saharanpur for Rs. 5,18,020/- plus other charges.

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The petitioner had taken a loan of Rs. 4,83,000/- for purchase of tractor for agricultural purposes in the year 2015. It is admitted to the petitioner that a default has been committed by him in making timely repayments of that loan. Consequently recovery proceedings have been initiated against him.

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Learned counsel for the petitioner submits that the petitioner is ready to deposit the entire recovery amount within the time fixed by this Court.

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Learned counsel appearing for the bank fairly states that the bank is interested in realizing the entire amount alongwith interest. If the petitioner deposits the amount within the time allowed by this Court, no further action shall be taken against the petitioner by the bank.

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On the facts and circumstances of the case and in the interest of justice, the writ petition is disposed of with the following directions:

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(i) The petitioner shall deposit the entire amount due to the bank in eight instalments.

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(ii) By way of first instalment, the petitioner shall deposit Rs. 65,000/- on or before 15.01.2019.

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(iii) On depositing the aforesaid amount of Rs.65,000/-, the respondent bank shall provide a statement of account to the petitioner within two weeks thereafter disclosing the exact

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amount disbursed by the bank as loan; exact amount/s repaid by the petitioner together with dates of deposit; rate of interest and amount/s of interest charged by the bank. Such statement be expressed in such terms/language as may be easy to comprehend even by a layman such as the petitioner.

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(iv) The bank shall, in the statement so supplied, itself calculate and indicate the amount/s of each instalment together with the date of payments due.

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(v) Thus, the balance amount so indicated by the bank shall be deposited by the petitioner through the remaining seven equal quarterly instalments beginning 31.03.2019 onwards.

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(vi) If the entire amount is deposited by the petitioner, as directed above, no recovery charge shall be realized from the petitioner as, admittedly, he is a farmer in default.

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(vii) In case of default of the conditions as mentioned above, the present order shall stand automatically vacated and recovery proceedings shall revive from that stage.

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Order Date :- 5.12.2018 AHA

Sumit Sirohi v. State of U P and 2 Others

Case brief

What is this about?

What did the court decide?

Sumit Sirohi v. State of U P and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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