Disposed

Shiv Pal Singh v. State of U P and 3 Others

Allahabad HC13 Dec 2018WRIC/41233/2018

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking quashing of a recovery citation in a banking dispute. Allowing the petitioner to deposit the outstanding amount in installments, the court directed the bank to provide a simplified account statement. Non-compliance by the petitioner would result in an automatic revocation of the order.

What did the court decide?

Petitioner directed to deposit total amount in eight installments starting 31.01.2019; Bank directed to provide simplified account statement upon first payment; Default leads to revival of recovery pr

Shiv Pal Singh Vs State of U P and 3 Others — Contract and Commercial Disputes | Allahabad HC (2018)

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Court No. - 7

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Case :- WRIT - C No. - 41233 of 2018

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Petitioner :- Shiv Pal Singh Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Indra Sen Singh Vatsa Counsel for Respondent :- C.S.C.,Anadi Krishna Narayana

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Hon'ble Saumitra Dayal Singh,J.

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Heard Sri Indra Sen Singh Vatsa, learned counsel for the petitioner and Sri Namit Srivastava, holding brief of Sri Sandeep Kumar Singh, learned counsel appearing for respondent bank.

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

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By this writ petition, the petitioner has prayed for quashing recovery citation dated 19.12.2017 for Rs. 11,32,046/- plus other charges.

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The petitioner had taken a loan of Rs. 9,00,000/- for agricultural purpose in the year 2014. It is admitted to the petitioner that a default has been committed by the petitioner 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 along with 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 installments beginning from 31.01.2019.

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(ii) By way of first installment, the petitioner shall deposit Rs. 1,50,000/- on or before the date 31.01.2019.

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(iii) On depositing the aforesaid amount of Rs. 1,50,000/-, 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 lay-man such as the petitioner.

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(iv) The bank shall in the statement so supplied, itself calculate & indicate the amount/s of each installment 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 installments from 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.

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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 :- 13.12.2018 Prakhar

Shiv Pal Singh v. State of U P and 3 Others

Case brief

What is this about?

What did the court decide?

Shiv Pal Singh v. State of U P and 3 Others

Case brief

What is this about?

What did the court decide?

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