Disposed

Ali Hasan v. State of U.P. and 3 Others

Allahabad HC18 Jun 2020WRIC/9893/2020

Case brief

AI extract

What is this about?

The High Court granted conditional relief in a cheque dishonour case. The Court directed the petitioner to deposit a quarter of the outstanding loan amount within two months. Upon compliance, the bank must provide a fresh repayment schedule in four quarterly installments. Recovery charges are waived, and recovery proceedings are put on hold subject to compliance.

What did the court decide?

Petitioner directed to deposit 1/4th of amount within two months; on compliance, respondent to provide repayment schedule in four quarterly installments; recovery charges waived; recovery proceedings

Ali Hasan Vs State of U.P. and 3 Others — Cheque Dishonour | Allahabad HC (2020)

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Court No. - 48

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Case :- WRIT - C No. - 9893 of 2020

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Petitioner :- Ali Hasan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Upendra Kumar Mishra Counsel for Respondent :- C.S.C.

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Hon'ble Ashwani Kumar Mishra,J.

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Heard learned counsel for the petitioner and learned Standing Counsel for the State authorities.

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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 notice dated 28.2.2020 for a sum of Rs.1,55,000/- plus other charges 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 easy 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 1/4th of the entire outstanding amount 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 re-payment of balance amount in four quarterly installments and the same shall be deposited by the petitioner, accordingly.

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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 the aforesaid amount 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.

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Order Date :- 18.6.2020 Ashok Kr.

Ali Hasan v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Ali Hasan 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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