Dismissed

Bhagwan Din v. State of U.P. and 3 Others

Allahabad HC1 Apr 2019WRIC/10973/2019

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by a loan defaulters to quash a recovery certificate. The Court permitted the petitioner to deposit the dues in six installments and directed the bank to provide a simplified account statement upon payment of the first installment.

What did the court decide?

The recovery proceedings were closed by directing the petitioner to deposit dues in six quarterly installments, conditional upon bank providing a simplified statement after the first payment.

Bhagwan Din Vs State of U.P. and 3 Others — Contract and Commercial Disputes | Allahabad HC (2019)

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Court No. - 28

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Case :- WRIT - C No. - 10973 of 2019

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Petitioner :- Bhagwan Din Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shivangi Bhargava,Ajay Kumar Srivastava

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Counsel for Respondent :- C.S.C.

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Hon'ble Rohit Ranjan Agarwal,J.

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Heard Sri Ajay Kumar Srivastava, learned counsel for the petitioner and Sri Abhishek Ahooja, learned counsel for the 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 certificate dated 18.9.2018 for Rs. 5,98,284/- plus other charges.

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The petitioner had taken a loan of Rs. 5,00,000/- for agricultural purpose. 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 six installments beginning from 1.5.2019.

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(ii) By way of first installment, the petitioner shall deposit Rs. 1,50,000/- on or before the date 1.5.2019.

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(iii) On depositing the aforesaid amount of Rs. 1,50,000/-, 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.

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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 five quarterly installments from 1.8.2019 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 :- 1.4.2019 S. Singh

Bhagwan Din v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Bhagwan Din v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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