Writ petition disposed of in chamber allowing debtors to repay agricultural loan in quarterly installments without recovery charges during pandemic.
Order to deposit 1/4th amount in 3 months; balance in four quarterly installments; no recovery charges; recovery proceedings in abeyance.
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In Chamber Case :- WRIT - C No. - 8583 of 2020 Petitioner :- Mool Chand And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Babu Dubey Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is placed before the Court in Chambers by the Registry, as the precautions required to be taken up in view of the COVID-19 pandemic requires various strict measures, including following of social distancing etc. Consequently, the appearance of parties and their counsel/s is dispensed with.I have perused the records.
It is stated that petitioners have taken loan for agricultural purposes, but the same could not be repaid as per the terms of agreement. A recovery certificate dated 29.1.2020 for a sum of Rs.10,60561/- 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.
Notice on behalf of respondent nos.1 to 3 has been accepted by learned Standing Counsel. Considering the nature of order proposed to be passed notice need not be issued to respondent no.4 Bank and this petition is being disposed of at this stage itself.
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:
(i) Petitioners shall deposit 1/4th of the entire outstanding amount within a period of three months from today considering the situation arising out of COVID-19 Pandemic with the respondent Bank.
(ii) In case the amount, as indicated above, is deposited by the period prescribed, the respondent Bank shall provide a fresh schedule for re-payment of balance amount in four quarterly installments and the same shall be deposited by the petitioners, accordingly.
(iii) No recovery charges shall be recovered from the petitioners by the respondent authorities.
(iv) Till the period prescribed for depositing 1/4th amount and thereafter during the period of deposit of 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.
With the aforesaid observations/directions, the writ petition stands disposed of.
The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.
Since this order has been passed in the peculiar facts and circumstances without hearing the counsels for the parties concerned, liberty however stands reserved to the parties to seek review/recall of the order in case they feel so aggrieved.
Order Date :- 1.5.2020 Ashok Kr.
Mool Chand And 2 Others
State Of U.P. And 3 Others
Ashwani Kumar Mishra
As recorded by the court registry
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