This court disposed of the petition by suspending recovery proceedings on consent, directing the petitioner to deposit 25% immediately followed by four quarterly instalments, with automatic resumption upon default.
Recovery proceedings placed on hold pending payment of 25% of claimed amount and subsequent quarterly instalments by petitioner.
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Court No. - 6
Case :- WRIT - C No. - 26858 of 2019
Petitioner :- Zakiya Begum Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Faisal Khan Counsel for Respondent :- C.S.C.,Dharmendra Vaish
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner, learned Standing counsel and Sri Dharmendra Vaish for the respondent Bank.
The petitioner had taken a loan and was unable to pay the instalments. Consequently, recovery proceedings have been instituted to recover the balance amount as arrears of land revenue.
There is no illegality in the recovery proceeding but the petitioner contends that she is willing to pay the entire amount in instalments.
Learned Standing Counsel as well as counsel for the Bank are agreeable to the payment of the amount in instalments.
In the interest of justice and considering the aforesaid facts, the writ petition is disposed of upon consent with the following directions:-
The recovery proceedings shall remain in abeyance provided;
(1) The petitioner deposits 25% of the total amount claimed by the Bank within a month from today and the balance amount in four equal quarterly instalments commencing two months hence.
(2) In the event of default in the payment/deposit of any one of the instalments, it would be open to the respondents to recover the balance amount forthwith.
Order Date :- 26.8.2019/faraz
2 issues framed by the court
Whether to allow suspension of recovery proceedings for repayment of defaulted loan via instalments.
Whether the petitioner adheres to the agreed instalment schedule to avoid immediate resumption of proceedings.
Zakiya Begum
State Of U.P.
Bank
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
