Allowed

Devanki Nandan v. State of U P and 3 Others

Allahabad HC25 Mar 2019WRIC/9910/2019

Case brief

AI extract

What is this about?

The court disposed of a writ petition seeking quashing of a recovery certificate without a counter-affidavit. The petitioner admitted loan default but pledged to repay the full amount including interest within five installments. The court directed the bank to provide a simplified statement of account and reserved the right to revive recovery proceedings upon default.

What did the court decide?

Petitioner directed to deposit entire dues in five installments starting 25.4.2019; Bank to provide detailed account statement; Recovery proceedings to stand suspended pending compliance and revive on

Devanki Nandan 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. - 9910 of 2019

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Petitioner :- Devanki Nandan Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Brij Raj Verma,Rajesh Kumar Counsel for Respondent :- C.S.C.,Brahmanand Singh

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Hon'ble Rohit Ranjan Agarwal,J.

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Heard Sri Rajesh Kumar, learned counsel for the petitioner and learned Standing Counsel for respondent Nos. 1 to 3 and Shri Brahmanand Singh 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 certificate dated 05.02.2019 for Rs.5,27,329/- plus other charges.

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The petitioner had taken a loan of Rs. 3,70,000/- for the 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 alongwith 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 five installments beginning from 25.4.2019.

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(ii) By way of first installment, the petitioner shall deposit Rs. 1,25,000/- on or before the date 25.4.2019.

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(iii) On depositing the aforesaid amount of Rs. 1,25,000/-, 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 four equal quarterly installments from 25.7.2019 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 :- 25.3.2019 Radhika

Devanki Nandan v. State of U P and 3 Others

Case brief

What is this about?

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Devanki Nandan v. State of U P and 3 Others

Case brief

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