Allowed

Ranjeet Kumar v. State of U.P. and 2 Others

Allahabad HC28 Jan 2020WRIC/2865/2020

Case brief

AI extract

What is this about?

Writ petition filed to quash a recovery citation against a farmer defaulting on an agricultural loan. The court disposed of the petition by directing installment payments, simplified disclosure of loan details in a readable format by the bank, and waiver of recovery charges upon compliance.

What did the court decide?

Quashed the impugned recovery citation and directed deposit of the amount in five installments; ordered waiver of recovery charges; mandated bank to provide a clear statement of account.

Ranjeet Kumar Vs State of U.P. and 2 Others — Contract and Commercial Disputes | Allahabad HC (2020)

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Court No. - 6 Case :- WRIT - C No. - 2865 of 2020 Petitioner :- Ranjeet Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Niklank Kumar Jain Counsel for Respondent :- C.S.C.,Manoj Nigam

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Hon'ble Vivek Varma,J.

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Heard Sri Niklank Kumar Jain, learned counsel for the petitioner, learned Standing Counsel and Sri Manoj Nigam, learned counsel for the respondent no.3-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 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 22.10.2018 for Rs.4,45,823/plus other charges.

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According to the petitioner, the petitioner had taken a loan of Rs.2,00,000/- for agricultural purpose in the year 2010, but he defaulted in payment of installments fixed by the Bank. Consequently, recovery proceedings have been initiated against him.

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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 him 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

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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. 80,000/- on or before 01.03.2020.

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(iii) On depositing the aforesaid amount of Rs.80,000/-, 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 him 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 him as admittedly he is a farmer in default.

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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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The writ petition is disposed off in the above terms. Order Date :- 28.1.2020 SKT/-

Ranjeet Kumar v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Ranjeet Kumar v. State of U.P. and 2 Others

Case brief

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What did the court decide?

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