Disposed

Bhagwanna v. State of U.P. and 3 Others

Allahabad HC21 Feb 2018WRIC/6981/2018

Case brief

AI extract

What is this about?

This petition concerns a petitioner's default in repaying a bank loan. The Court allowed the petitioner to deposit the outstanding amount in eight equal six-monthly installments and stayed recovery proceedings, including auctions and attachment of agricultural land or tractors, pending compliance.

What did the court decide?

Stayed recovery proceedings and attachment of property; ordered payment of loan in eight six-monthly installments starting 16.04.2018; collection charges stayed pending Collector's decision.

Bhagwanna Vs State of U.P. and 3 Others — Service and Employment | Allahabad HC (2018)

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Court No. - 2

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Case :- WRIT - C No. - 6981 of 2018

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Petitioner :- Bhagwanna Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudhakar Yadav Counsel for Respondent :- C.S.C.

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Hon'ble Ram Surat Ram (Maurya),J.

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Heard counsel for the petitioner, Standing Counsel for the State respondents and Sri N.K. Giri for the respondent-bank.

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The counsel for the petitioner does not dispute the amount which is sought to be recovered from him.

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Admittedly, the petitioner took loan from the respondent-Bank concerned out of which petitioner has not paid substantial amount. Petitioner submits that he is ready to deposit whole of the amount in easy installment. The counsel for the Bank states that the anxiety of the Bank is that the amount should be recovered back.

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Accordingly, this petition is disposed of with the following directions:

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(i) Petitioner may deposit the entire amount sought to be recovered directly in concerned Bank in eight equal six monthly installments..

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(ii) The first installment shall be deposited by 16th April, 2018 and the rest of installments shall be deposited at an interval of six months thereafter. These deposits shall be made before the Branch of the Bank from where the loan was taken.Recovery at the first instance shall remain stayed till 16th April, 2018 and after depositing the first instalment the interim order shall continue.

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(iii) Recovery proceedings including auction proceeding during this period will be kept in abeyance. In case petitioner commits default in depositing any of the installments within the above stipulated time, it will be open to the respondents to start the recovery proceedings again by taking coercive process to which the petitioner undertakes not to challenge.

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(iv) Property (agricultural land/tractor) belonging to the petitioner, if attached in connection with recovery proceedings, will be released by the concerned Tehsil authority (unless it has been auctioned) after deposit of first installment and further as soon as the first installment is paid, the property (agricultural land/tractor) of the petitioner shall also be released.

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(v) If any fact stated by the petitioner is found to be incorrect, it will be open for the bank authorities to move an application for

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modification/recall of the order.

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(vi) In case all the instalments are deposited as per the schedule fixed in this order, the recovery of the collection charges would remain in abeyance till such time the Collector decides the application that may be filed by the petitioner for determining collection charges/fee as per the legal provisions and also taking into consideration the Full Bench decision of this Court in the case of Maharajwa and others versus State of U.P. and others, reported in 2013(1) ADJ 426 (FB) . Upon determination of collection charges/fee the Collector will communicate the same to the petitioner and upon communication of the same it would be open to the petitioner to either deposit the same within a period of 30 days or if not satisfied with the same may assail the order of the Collector in appropriate proceedings.

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Order Date :- 21.2.2018

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Bhagwanna v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Bhagwanna v. State of U.P. and 3 Others

Case brief

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What did the court decide?

What the court decided

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