Disposed

Urmila Devi v. State of U P and Another

Allahabad HC15 Dec 2020WRIC/18847/2020

Case brief

AI extract

What is this about?

High Court disposed of a writ petition seeking quashing of a bank recovery citation. The court directed the petitioner to deposit the dues in installments while mandating the bank to provide a simplified statement of account detailing the loan, repayment history, interest charged, and installment schedule. Default by the petitioner would revive recovery proceedings.

What did the court decide?

Petitioner directed to deposit dues in five installments; Bank directed to provide simplified statement of account with interest and repayment details. Recovery charges waived on compliance; proceedin

Urmila Devi Vs State of U P and Another — Consumer Protection | Allahabad HC (2020)

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Court No. - 46

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Case :- WRIT - C No. - 18847 of 2020

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Petitioner :- Urmila Devi Respondent :- State Of U P And Another Counsel for Petitioner :- Pradeep Kumar Tiwari,Sushil Kumar Tiwari

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Counsel for Respondent :- C.S.C.

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Hon'ble Naheed Ara Moonis,J. Hon'ble Vivek Varma,J.

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Heard learned counsel for the petitioner, learned Standing Counsel and Sri Yadvendra Krishna, learned Advocate holding brief of Sri Satyam Singh, learned counsel for respondent no.3Bank.

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With the consent of learned counsel for the parties, this writ petition is being finally disposed of at this stage in terms of the Rules of the Court without calling for a counter affidavit.

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By this writ petition the petitioner has prayed for quashing the impugned recovery citation dated 14.10.2019 for Rs.8,87,949/plus other charges.

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According to the petitioner, she had taken a loan of Rs.5,00,000/- for business purpose in the year 2009, she defaulted in payment of installments fixed by the Bank. Consequently, recovery proceedings have been initiated against her.

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It is submitted that the petitioner is ready to deposit the entire recovery amount in installments 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

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her 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.

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(ii) By way of first installment the petitioner shall deposit Rs.1,00,000/- on or before 05.01.2021.

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(iii) On depositing the aforesaid amount of Rs.1,00,000/-, 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 her 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.

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(vi) If the entire amount is deposited by the petitioner as directed above, no recovery charge shall be realized from her.

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(vii) In case of default of any 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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The writ petition is disposed of in the above terms.

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Order Date :- 15.12.2020 SKT/-

Urmila Devi v. State of U P and Another

Case brief

What is this about?

What did the court decide?

Urmila Devi v. State of U P and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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