Disposed

Kamlesh Chandra v. State of U.P. and 3 Others

Allahabad HC6 Dec 2018WRIC/40066/2018

Case brief

AI extract

What is this about?

The writ petition challenging a recovery citation was disposed of. The petitioner was directed to deposit the dues in six instalments. In return, the bank agreed to provide a simplified account statement and withdraw recovery charges for the foreclosure filed against the petitioner-farmer.

What did the court decide?

The petitioner was directed to deposit the entire amount due in six instalments with the first on 31.01.2019. The bank was directed to provide a simplified account statement and no recovery charge sha

Kamlesh Chandra Vs State of U.P. and 3… — Contract and Commercial Disputes | Allahabad HC (2018)

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Court No. - 7

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Case :- WRIT - C No. - 40066 of 2018

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Petitioner :- Kamlesh Chandra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pradeep Kumar Pal Counsel for Respondent :- C.S.C.,Krishna Mohan Asthana

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Hon'ble Saumitra Dayal Singh,J.

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Heard learned counsel for the petitioner and Shri Y.K. Narayan, Advocate, holding for Shri K.M. Asthana, 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 02.11.2018 issued by respondent no.3 for Rs. 6,62,262/- plus other charges.

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The petitioner had taken a loan of Rs. 5,00,000/- for agricultural purposes in the year 2016 under the Kisan Credit Card. 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 six instalments.

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(ii) By way of first instalment, the petitioner shall deposit Rs. 1,00,000/- on or before 31.01.2019.

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(iii) On depositing the aforesaid amount of Rs.1,00,000/-, the

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respondent bank shall provide a statement of account to the petitioner within two weeks thereafter disclosing the exact 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 five 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 :- 6.12.2018 AHA

Kamlesh Chandra v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Kamlesh Chandra 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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