Disposed

Sadhu Ram and Another v. State of U.P. and 2 Others

Allahabad HC8 Jul 2020WRIC/10759/2020

Case brief

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What is this about?

Petitioners failing to repay an agricultural loan faced recovery proceedings. The High Court allowed installment payment as ends of justice, deferred further recovery actions, and granted a schedule for balance payment after an initial deposit.

What did the court decide?

Ordering deposit of Rs. 2 lakhs within two months followed by quarterly payments, keeping recovery proceedings in abeyance during the payment period, and waiving recovery charges.

Sadhu Ram and Another Vs State of U.P. and 2 Others — Banking and Recovery | Allahabad HC (2020)

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Court No. - 36

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Case :- WRIT - C No. - 10759 of 2020

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Petitioner :- Sadhu Ram And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Singh,Amit Kumar Tiwari Counsel for Respondent :- C.S.C.

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Hon'ble Ashwani Kumar Mishra,J.

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It is stated that petitioners had taken loan for agriculture, but the same could not be repaid as per the terms of agreement. A demand notice dated 14.5.2019 for a sum of Rs.6,47,945/- plus other charges has been issued against the petitioners. This writ petition has been filed with the averment that petitioners are ready and willing to deposit the amount, in case the petitioners are permitted to do so in easy installments.

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Notice on behalf of respondent nos.1 & 2 has been accepted by learned Standing Counsel whereas Sri G.P. Srivastava, learned counsel has appeared on behalf of respondent no. 3 Bank and has stated that a sum of more than nine lacs is actually due against the petitioners.

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Having regard to the fact that petitioners have offered to pay the entire amount due against them, in my view, the ends of justice require that the petitioners be granted opportunity to deposit the entire outstanding amount due against them in the following manner:

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(i) Petitioners shall deposit a sum of Rs.2,00,000/- within a period of two months from today with the respondent Bank.

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(ii) In case the amount, as indicated above, is deposited within the period prescribed, the respondent Bank shall provide a fresh schedule for repayment of balance amount in four quarterly installments and the same shall be deposited by the petitioners, accordingly.

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(iii) No recovery charges shall be recovered from the petitioners by the respondent authorities.

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(iv) Till the period prescribed for depositing initial amount and thereafter the installments, the recovery proceedings will be kept in abeyance. In case the petitioners default in depositing initial amount or thereafter installments within the stipulated period, it will be open for the respondents to start recovery proceedings against the petitioners.

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With the aforesaid observations/directions, the writ petition stands disposed of.

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Order Date :- 8.7.2020 Ranjeet Sahu

Sadhu Ram and Another v. State of U.P. and 2 Others

Case brief

What is this about?

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Sadhu Ram and Another v. State of U.P. and 2 Others

Case brief

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