The court disposed of a writ petition filed by a borrower. The petitioner agreed to deposit the loan amount in instalments, and the court stayed recovery proceedings temporarily.
Recovery proceedings stayed pending deposit of loan amount in specified instalments by 31.03.2020 and subsequent dates; waiver of recovery charges if instalments are cleared.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 32
Case :- WRIT - C No. - 462 of 2020
Petitioner :- Rashid Respondent :- State Of U P And Another Counsel for Petitioner :- Surendra Prasad Mishra, Manish Tripathi Counsel for Respondent :- C.S.C., Abhishek Mishra
Hon'ble Shashi Kant Gupta,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioner, Ms. Akansha Tripathi, learned counsel for the respondent Bank and learned Standing Counsel for the State respondents.
Learned counsel for the petitioner does not dispute the amount which is sought to be recovered from them.
Admittedly, the petitioners took loan from the respondent-Bank concerned out of which petitioner has not paid substantial amount.
Learned counsel for the petitioner submits that the petitioner is ready to deposit the entire amount in easy instalments.
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 the instalments are fixed in the matter by this Court.
Accordingly, this writ petition is disposed of with the following directions:
(i) Petitioner shall deposit a sum of Rs. 1,50,000/(Rupees One Lac Fifty Thousand only) on or before 31.03.2020 with the concerned bank and the rest of the outstanding amount shall be deposited in three equal instalments at the interval of two months i.e. on 31.5.2020, 31.07.2020 and 30.09.2020 respectively. These deposits shall be made before the Branch of the Bank from where the loan was taken.
(ii) Recovery proceedings during this period shall remain in abeyance. In case petitioner commits default in depositing any of the aforesaid instalments within the stipulated period of time, it will be open to the respondents to start the recovery proceedings again by taking coercive process.
(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 after deposit of the first instalment within fifteen days and in calculating the arrears, the amount (if any) already paid will be adjusted.
(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.
(v) In case all the instalments are 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 :- 9.1.2020 Arun
Rashid
State Of U P
Respondent Bank
Shashi Kant Gupta
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
