The High Court disposed of a writ petition seeking quashing of a bank recovery notice, directing the petitioner to deposit the due amount in installments and the bank to provide a clear statement of account.
Petitioner directed to deposit recovery amount in six installments; Bank directed to provide a simplified statement of account.
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Court No. - 7
Case :- WRIT - C No. - 42067 of 2018
Petitioner :- Jagvendra Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kukmar Tiwari Counsel for Respondent :- C.S.C.,Narendra Kumar Giri
Hon'ble Saumitra Dayal Singh,J.
(i) The petitioner shall deposit the entire amount due to the bank in six installments.
(ii) By way of first installment the petitioner shall deposit Rs. 55,000/- on or before the date 31.01.2019.
(iii) On depositing the aforesaid amount of Rs. 55,000/- the 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.
(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.
(v) Thus, the balance amount so indicated by the bank shall be deposited by the petitioner through the remaining five equal quarterly installments, beginning 30.04.2019.
(vi) If the entire amount is deposited by the petitioner as directed above, no recovery charge shall be realized from the petitioner.
(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.
Order Date :- 18.12.2018 Abhilash
1 issue framed by the court
Whether the writ petition for quashing the recovery notice ought to be finally disposed of on the facts and circumstances of the case.
Jagvendra Singh
State Of U.P.
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
