Disposed

Ram Naresh v. State of U.P. and 2 Others

Allahabad HC17 Jan 2020WRIC/1425/2020

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition concerning banking recovery. It directed the petitioner to deposit the outstanding loan amount by 30.4.2020, keeping recovery proceedings in abeyance and allowing for potential waiver of recovery charges upon full compliance.

What did the court decide?

Recovery proceedings to remain in abeyance pending deposit of outstanding amount on or before 30.4.2020.

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

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Court No. - 32

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Case :- WRIT - C No. - 1425 of 2020

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Petitioner :- Ram Naresh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Tarun Kumar Tripathi Counsel for Respondent :- C.S.C.,Ashish Agrawal

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Hon'ble Shashi Kant Gupta,J. Hon'ble Piyush Agrawal,J.

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Heard learned counsel for the petitioner, Sri Sri Uttam Singh, learned counsel for the respondent Bank and learned Standing Counsel for the State respondents.

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Learned 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.

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Learned counsel for the petitioner submits that the petitioner is ready to deposit the entire outstanding amount.

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Learned counsel for the Bank states that the anxiety of the Bank is that the amount should be recovered back and has no objection if some time is given to the petitioner for depositing the entire outstanding amount.

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

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(i) Petitioner shall deposit the entire outstanding amount on or before 30.4.2020 with the concerned bank.

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(ii) Recovery proceedings during this period shall remain in abeyance. In case petitioner commits default in depositing the entire outstanding amount within the stipulated period of time, it will be open to the respondents to start the recovery proceedings again by taking coercive process.

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(iii) Petitioner may file an application for supply of statement of account along with the duly stamped self addressed envelope. In case any such application is filed, the concerned branch of the Bank will give the same to the petitioner within fifteen days and in calculating the arrears, the amount (if any) already paid

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will be adjusted.

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(iv) 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 modification/recall of the order.

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(v) In case the entire outstanding amount is deposited as per the schedule fixed, the petitioner may approach the Collector concerned for waiving the recovery charges. In the event such an application is filed, it shall be dealt with in accordance with law by the authority concerned. Order Date :- 17.1.2020

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vinay

Ram Naresh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Ram Naresh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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