Disposed

Ganpati Self Help Group through Chairman Gyan Chand v. State of U.P. and 3 Others

Allahabad HC18 Jun 2020WRIC/9776/2020

Case brief

AI extract

What is this about?

In a writ petition concerning a non-repaid agricultural loan, the court directed the petitioner to deposit Rs. 50,000 within two months, allowing subsequent repayment in quarterly installments, while staying recovery proceedings unless the petitioner defaults.

What did the court decide?

Directed payment of Rs. 50,000 in two months, followed by quarterly installments, stay of recovery proceedings, and waiver of recovery charges.

Ganpati Self Help Group through Chairman Gyan Chand… — Banking and Recovery | Allahabad HC (2020)

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Court No. - 48

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Case :- WRIT - C No. - 9776 of 2020

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Petitioner :- Ganpati Self Help Group Through Chairman Gyan Chand Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bhole Ram Counsel for Respondent :- C.S.C.,Satish Chaturvedi

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Hon'ble Ashwani Kumar Mishra,J.

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Heard learned counsel for the petitioner, learned Standing Counsel for the respondent State, and Sri Pankaj Srivastava, learned counsel appearing for the respondent Bank.

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It is stated that petitioner has taken loan for agricultural purposes, but the same could not be repaid as per the terms of agreement. A recovery certificate for a sum of Rs.3,67,925 /- has been issued against the petitioner. This writ petition has been filed with the averment that petitioner is ready and willing to deposit the amount, in case the petitioner is permitted to do so in installments.

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Learned counsel appearing for the respondent Bank has no objection in accepting the amount in installments.

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Having regard to the fact that petitioner has offered to pay the entire amount due against him, in my view, the ends of justice require that the petitioner be granted opportunity to deposit the entire outstanding amount due against him in the following manner:

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(i) Petitioner shall deposit a sum of Rs.50,000/- within a period of two months from today with the respondent Bank.

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(ii) In case the amount, as indicated above, is deposited by the period prescribed, the respondent Bank shall provide a fresh schedule for repayment of balance amount in four quarterly installments and the same shall be deposited by the petitioner, accordingly. Statement of account shall also be furnished to the petitioner.

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(iii) No recovery charges shall be recovered from the petitioner by the respondent authorities.

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(iv) Till the period prescribed for depositing a sum of Rs.50,000/- and thereafter during the period of deposit of installments, the recovery proceedings will be kept in abeyance. In case the petitioner defaults in depositing initial amount or thereafter installments within the stipulated period, it will be open for the respondents to start recovery proceedings against the petitioner.

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With the aforesaid observations/directions, the writ petition stands disposed of. No order as to costs.

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Order Date :- 18.6.2020

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Anil

Ganpati Self Help Group through Chairman Gyan Chand v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Ganpati Self Help Group through Chairman Gyan Chand v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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